How prorated rent is calculated
Prorated rent is the monthly rent divided into a daily rate, multiplied by the days you actually occupy the apartment that month. The only real question is how the daily rate is set. There are three common ways:
- Actual days in the month: monthly rent ÷ 28, 29, 30 or 31. This calculator uses it as the default when your lease names no method.
- 30-day month: monthly rent ÷ 30, whatever the month. Simple, but it costs you more in 31-day months and less in February.
- Annual ÷ 365: monthly rent × 12 ÷ 365. The daily rate is the same all year.
Then multiply by the days counted. At move-in, count from the move-in day through the last day of the month. At move-out, count from the 1st through your last day. Both ends are included.
Worked example
Your rent is $3,000 and you move in on October 20. October has 31 days, so you occupy 12 of them (the 20th through the 31st).
| Method | Daily rate | Prorated rent |
|---|---|---|
| Actual days ($3,000 ÷ 31) | $96.77 | $1,161.29 |
| 30-day month ($3,000 ÷ 30) | $100.00 | $1,200.00 |
| Annual ÷ 365 ($36,000 ÷ 365) | $98.63 | $1,183.56 |
The spread is $38.71. Now try a February 15 move-in in a non-leap year: 14 of 28 days. The actual-days method gives $1,500.00, the 30-day method $1,400.00 and annual ÷ 365 $1,380.82. The method that was cheapest in October is the most expensive in February.
What you pay before move-in
Some landlords ask for the prorated partial month and the next full month before you move in. In the October example that is about $1,161 + $3,000 = $4,161 in rent, plus a security deposit. Others bill the partial month separately or add it to your second payment. Ask which one your lease uses and what each payment covers. General Obligations Law §7-108 says no "deposit or advance" may exceed one month's rent, and the Attorney General says a landlord cannot ask for both last month's rent and a security deposit. If you are asked for more up front than the rent for the days you will live there plus one month's deposit, get the reason in writing. To budget the full amount, use the NYC move-in cost calculator.
Edge cases
- Move-in on the 1st: you owe the full month. No proration.
- Moving out mid-month: you only owe a partial month if the lease ends mid-month or the landlord agrees in writing to an early end. Otherwise the full month is due. See how to break a lease in New York.
- Cap at one month: a 30-day rate applied to a full 31-day month would exceed the rent, so the calculator never charges more than one month.
- Late fees: prorated rent is still rent. A late fee is allowed only after five days and is capped at $50 or 5% of monthly rent, whichever is less (RPL §238-a). Check yours with the late fee checker.
What to do next
Read the rent clause of your lease, confirm the method and dates in writing, and get a receipt if you pay by anything other than personal check (see rent receipts in New York). Before you hand over a deposit, it is worth a quick look at the building's record on Roofy's NYC building lookup.