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mrsfranco1
Oct 22, 2008, 10:44 AM
Our landlord is requesting back payment for sept. rent even though the lease is expired and he accepted the partial rent payment.

Can he legally ask for back rent even though he had ample time to obtain this rent and he didn't refuse the partial payment.

Now the LL wants to enter a new agreement, but he wants the back rent.. Is this legal? Please help!

Thanks.:confused:

excon
Oct 22, 2008, 10:59 AM
Hello mrs:

I'm not sure if I understand... But, if you only gave your LL part of what you owed him, you still owe him the rest. Just because he accepted a partial payment, doesn't mean that he doesn't want the rest. Yes, it's legal for him to demand it.

excon

mrsfranco1
Oct 22, 2008, 11:12 AM
Hello mrs:

I"m not sure if I understand.... But, if you only gave your LL part of what you owed him, you still owe him the rest. Just because he accepted a partial payment, doesn't mean that he doesn't want the rest. Yes, it's legal for him to demand it.

excon

Even if the lease is expired??

this8384
Oct 22, 2008, 11:13 AM
Just because your lease expired in September doesn't mean you don't have to pay full rent. It means you've become a month-to-month tenant, who still needs to provide 30 days notice if you plan to move. You still need to pay rent in full, regardless of whether there is a written lease.

excon
Oct 22, 2008, 11:13 AM
Hello again, mrs:

The expired lease has nothing to do with what you owe. It has to do with whether you can continue to stay.

excon