New York Prorated Rent: Legally Required Daily Calculation
Calculate prorated rent for partial month occupancy in New York. Required by state law.Get daily rate, days occupied, and exact amount owed.
Understanding Prorated Rent in New York
Prorated rent ensures fairness when you don't occupy a rental property for a complete calendar month. In New York, landlords are legally required to prorate rent under NY Real Property Law § 232-a.
Statute Reference
NY Real Property Law § 232-a
Legal Requirement
Standard Practice
Required for rent-stabilized units; customary for market-rate. Calculate using actual days in month. Divide monthly rent by days in month, multiply by days occupied.
City-Specific Rules
New York City
Rent Stabilization Law requires prorating for regulated apartments. Standard practice for all residential leases.
Buffalo
Follows state law. Daily prorating is standard practice for residential tenancies.
Moving into a $1,500/month apartment on the 20th of a 30-day month:
How Prorated Rent Works in New York
Prorating rent is calculated using a simple daily rate formula. The standard method divides monthly rent by the actual number of days in that specific month, then multiplies by the number of days you occupy the property.
Formula:
(Monthly Rent ÷ Days in Month) × Days Occupied = Prorated RentWhy actual days matter: Using the actual days in each month (28-31) ensures fairness. February has fewer days, so the daily rate is slightly higher. Months with 31 days have a lower daily rate. This method is widely accepted and required by New York law.
Move-In vs. Move-Out Scenarios
When: Moving in mid-month
Calculation: Count from move-in date through end of month
Example: Move in on the 15th of a 30-day month = 16 days of rent (15th through 30th)
Include move-in day in your count
When: Moving out mid-month
Calculation: Count from 1st through move-out date
Example: Move out on the 15th = 15 days of rent
Move-out day counts as occupied
New York Tenant Rights & Best Practices
What Tenants Should Know:
- Request prorated rent calculations in writing before signing your lease
- Verify the calculation method matches the daily method required by New York law
- Document your exact move-in and move-out dates with photos and timestamps
- Review your lease for any prorating clauses or special terms
- You have the legal right to prorated rent in New York
What Landlords Should Know:
- Include specific prorating language in all lease agreements
- Use the daily calculation method (rent ÷ actual days in month)
- Follow NY Real Property Law § 232-a to avoid legal issues
- Provide prorating calculations to tenants before move-in
- Be consistent in applying prorating across all properties
Common New York Prorating Questions
New York landlord-tenant law generally requires fair and equitable treatment in rental agreements. While specific prorating requirements may not be explicitly mandated by statute, landlords are expected to charge rent proportionally when tenants move in or out mid-month. This principle of fairness is fundamental to New York rental law.
When a tenant takes possession of a rental unit partway through a month, they should only be charged rent for the actual days of occupancy. Similarly, upon move-out, tenants who vacate before the month ends are entitled to a prorated refund for unused days, provided they have fulfilled their lease obligations and given proper notice.
Landlords in New York are encouraged to include clear prorating provisions in their lease agreements to avoid disputes. When lease terms are silent or ambiguous regarding prorating, courts typically interpret such agreements in favor of fair and proportional rent calculations.
It is important for both landlords and tenants to understand that prorating applies not only to the first month of tenancy but also to the final month when a tenant moves out before the end of the billing period. Documentation of move-in and move-out dates is crucial for accurate prorated rent calculations.
Statutory framework governing residential tenancies in New York, including lease requirements and tenant protections.
The standard and most widely accepted method for calculating prorated rent in New York is the daily rate approach. This method divides the monthly rent by the actual number of days in the specific month to determine a daily rate, then multiplies that rate by the number of days the tenant occupies the property.
This approach ensures fairness by accounting for the varying lengths of months (28-31 days). Landlords should avoid using simplified 30-day calculations as this can result in overbilling in months with fewer than 30 days or underbilling in months with 31 days.
Recommended Calculation Steps:
- Determine the total monthly rent amount as specified in the lease agreement.
- Identify the actual number of calendar days in the month of move-in or move-out.
- Calculate the daily rate by dividing monthly rent by the number of days in that month.
- Count the number of days the tenant will occupy the property (inclusive of move-in day).
- Multiply the daily rate by the number of occupied days to get the prorated amount.