Hi all,
The rent clause in the standard Openrent contract says rent is payable in advance on or before X date. Now X date is the start of the new rental period so the clause is legally and grammatically incorrect.
To me, for a rent payment to be in advance it must be paid before the start of the new rental period. For example, if the contract starts on the 1st of the month then for the rent to be made in advance it must be paid before this date.
Openrent are saying the clause is correctly worded and refuse to change it. Which is crazy to me
Am i missing something here?
Best
Mike
In advance in this context means at the start of the month that is being paid for. The default for rent payment is in arrears, so if the clause wasnt there, the rent wouldnt be due until the end of the month.
But it can only be in advance if it is paid at least 1 second before the first day the month starts, otherwise technically it cannot all be considered in advance. The clause doesnt say a proportion is in advance which it would have to if it was paid on the first day of the period.
If the rent is covering all the days of the month in question, then any day before the end of the month is in advance of part of it. Dont sweat it. The wording sounds legally correct to me.