Texas Prorated Rent Calculator: Fair Practice Guide
Calculate prorated rent for partial month occupancy in Texas. Free instant calculator.Get daily rate, days occupied, and exact amount owed.
Understanding Prorated Rent in Texas
Prorated rent ensures fairness when you don't occupy a rental property for a complete calendar month. While Texas doesn't mandate prorating by law, it's standard practice in the rental industry.
Statute Reference
Texas Property Code § 92.001 et seq.
Legal Requirement
Standard Practice
Not required by law but widely practiced. Most Texas leases include prorating clauses using daily rate calculation. Landlords typically prorate voluntarily.
City-Specific Rules
Austin
No specific city ordinance. Standard practice is daily proration for both residential and commercial leases.
Houston
Follows Texas state law. Prorating typically handled through lease agreements.
Moving into a $1,500/month apartment on the 20th of a 30-day month:
How Prorated Rent Works in Texas
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 considered best practice in Texas.
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
Texas Tenant Rights & Best Practices
What Tenants Should Know:
- Request prorated rent calculations in writing before signing your lease
- Verify the calculation method matches industry standards
- Document your exact move-in and move-out dates with photos and timestamps
- Review your lease for any prorating clauses or special terms
- Most Texas landlords follow standard prorating practices
What Landlords Should Know:
- Include specific prorating language in all lease agreements
- Use the daily calculation method (rent ÷ actual days in month)
- Implement prorating as best practice even without legal mandate
- Provide prorating calculations to tenants before move-in
- Be consistent in applying prorating across all properties
Common Texas Prorating Questions
Texas Legal Citation
Texas Property Code § 92.001 et seq.
Texas law doesn't mandate prorating, but it's standard industry practice. Lease agreement governs calculation method. If lease is silent, courts may apply reasonableness standard. Common to prorate using actual days in month divided into monthly rent.
Texas 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 Texas 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 Texas 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 Texas, including lease requirements and tenant protections.
The standard and most widely accepted method for calculating prorated rent in Texas 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.