Can a landlord keep both last month's rent AND a security deposit after 1 year?

My boyfriend and I rented this house exactly one year ago.
We gave them 3 thousand dollars. The first and last rent, plus deposit.
When was the beginning of February 2011, my boyfriend sent the rent money without realizing that this was our last months rent.
He called the landlord and she said that will not return the money because it will be for the last month of our second year's rent.
I believe that by law she can not do that. She can not stay with the last month of a lease agreement that already ended, much less use this money for a second contract. I think you can only collect the last month of rent when a tenant that signed the contract for the first time.
The owner sent us a new lease totally different from the first, where I can not find the one thousand dollars from last month's rent. Just shows the value that we will be paying in the month's rent and deposit.
She also made it clear, almost like a threat, that if we resolved not to pay the next month, using this as the last months of rent, she will increase the rent.
She Add the new lease as our responsibility the exterior of the house, as the roof, water treatment, foundations, including fire detector (which is not in the house and I think may be required by law), extermination of wood-destroying organisms, electrical system, etc. .
This house is in short sale. The owners do not want to fix anything that is broken. The house has two bathrooms, but we can only use one, because the owners never agreed to fix the shower in one of the bathrooms. Things that were already broken before we moved.
When we moved into this house, it was totally destroyed and dirty.
We fixed the garden, took over 15 garbage cans of dirt from the garden, plus the inside.
We even painted the walls that was to dirt to be clean.

What should I do?
If I sign the contract being responsible for everything that is being broken, and has a lot that was already broken (they never check), I'll probably lose the deposit.
If I refuse to accept the contract that way, she can tell us to leave the house, not pay the deposit nor the last month's rent that is with her.

I don’t think you should sign the new lease.

As it stands now, since your year-long lease has expired, you are in a month-to-month tenancy.

You can negotiate a new lease, if you want, but insist that they first fix what is broken. I wouldn’t agree to an increase in rent. But be prepared for negotiations to break down and of course she could give you a 30-day notice to quit. If that were to happen, you would have to move out in a month. I also suggest that you send her a letter explaining that since the lease expired, the payment that you made at the beginning of February was for March. If she tries to increase the rent and you refuse, again be prepared to move out in a month.

If I refuse to accept the contract that way, she can tell us to leave the house, not pay the deposit nor the last month's rent that is with her.Hello m:

You've got a problem stacked on top of other problems... So, it may not be easy to separate them. But, we'll try.. First off, she can't double dip. That means she can't collect rent twice for the same month, and that looks like what she's doing. Second; hopefully you took pictures, and or have some other evidence of the condition of the place when you moved it... If you don't, that's where a problem could be, cause for SURE, she's going to say you did it, and charge you to fix it... Third; unless your first lease says otherwise, when it ends, the tenancy automatically becomes month to month with the SAME terms. Fourth; what state is this in? Fifth; you're not obligated to sign HER lease... You can cross off the stuff you don't like, and add the stuff you do. If you DON'T come to an agreement, she absolutely can tell you to leave... But, of course, not entering an agreement is also YOU telling HER that you don't want to stay.

Ultimately, you need to begin to communicate with her by CERTIFIED MAIL, where all your communication is documented. That's for court, as it looks like you may wind up there with this loser landlord...

So, tell me what you WANT to DO. Do you want to stay? Do you think you can work with her? If you want to go, I'll help you prepare notice, and I'll help you sue her when, and if, she rips you off.

excon

First any question on law needs to include your general area as laws vary by area.

Second, when did you lease actually expire AND when did you give notice and how much notice?

Third, when did you actually move?

Assuming the lease expires 2/28 then she can't keep the last months rent UNLESS you did not give sufficient notice. In that case, then Feb may not have been the last month.

As for the deposit, she needs to give you an accounting of how she used the deposit with in a locally specified time frame if she wants to keep it.

... So, tell me what you WANT to DO. Do you want to stay? ...

I should have said this before, because it isn't intuative: if, at the termination of a lease, you expect to move out, you still have to give your 30-day notice. Otherwise it automatically converts to a month-to-month.

Yes, first and last month, does not mean the "last month of the year" I may be wrong but I think you expected not to pay the last payment of the year and not be moving out.

Last month is for the last month you live there before you move out.

Well, first of all, thank you both for your attention.
With the information you gave us, we decided to send an email to the owner stating that we will not pay for the months of March, whereas it would be our last month's rent and that the remainder of the year, we will pay month-to-month.

To get the deposit, we have pictures and videos of everything. I just do not know how much it would cost to bring a lawsuit against her in case if necessary.
I'm pretty sure I'll have to prepare myself for it.

Btw, I'm in Florida.

Once again, thanks a lot!

I just do not know how much it would cost to bring a lawsuit against her in case if necessary.Hello again, m:

Small claims court is quick, cheap and easy.

excon

Hello again, m:

Small claims court is quick, cheap and easy.

excon

Thanks for your advice
I will contact you for sure if something doesn't go well :)

Can you answer the questions that I asked. I'm not sure that what you decided to do is correct because you didn't answer those questions. This doies not make sense: "we decided to send an email to the owner stating that we will not pay for the months of March, whereas it would be our last month's rent and that the remainder of the year, we will pay month-to-month." If you paid 1st and last, then what happens, is you give 30 days notice prior to moving out. You then do not have to pay rent for that last month.

Also you need to read your lease carefully. Some leases have an automatic renewal clause. If you do not give proper notice that you are terminating, the lease automatically renews for another year. If that happened, then you are on the hook for another year. And Florida is the worst state for that to happen, since the landlord is not required to try and find another tenant. That could leave you liable for the whole second year.

This is why we ask for additional info and why you should answer our requests for that info.

... If you paid 1st and last, then what happens, is you give 30 days notice prior to moving out. You then do not have to pay rent for that last month. ...

Yes, I have been thinking this over, and I believe Scott is right. Assuming the lease doesn't have an automatic renewal clause, and you elect to continue as a month-to-month tenant, you should continue paying the monthly rental until you are ready to give your 30-day notice. At that time, your last month prepayment would become effective and you would have already paid for that last month.

Can you answer the questions that I asked. I'm not sure that what you decided to do is correct because you didn't answer those questions. This doies not make sense: "we decided to send an email to the owner stating that we will not pay for the months of March, whereas it would be our last month's rent and that the remainder of the year, we will pay month-to-month." If you paid 1st and last, then what happens, is you give 30 days notice prior to moving out. You then do not have to pay rent for that last month.

Also you need to read your lease carefully. Some leases have an automatic renewal clause. If you do not give proper notice that you are terminating, the lease automatically renews for another year. If that happened, then you are on the hook for another year. And Florida is the worst state for that to happen, since the landlord is not required to try and find another tenant. That could leave you liable for the whole second year.

This is why we ask for additional info and why you should answer our requests for that info.

We live in Florida. Our lease was signed on February 25, 2010, with a date to end on February 25, but does not appear the year. It's blank.
Has nothing in the rental agreement that says to renew for another year.
We have no intention of leaving the house unless the owner wants.
We always pay the rent on time and we take care of the house very well, including giving attention to people who come to see the house that is in short sale.
I do not know why the owner made a new lease with so many different things, wanting us to be responsible till the foundation of the house.
This doesn't make sense!

We sent an email last night to the homeowner and we did not receive any response yet.
I guess... we have to wait to see what she have to say about that.

See now this changes the situation. It appears you didn't want to leave, but the landlord wants you to sign a new lease with a lot of changes. It would have helped if you explained that from the beginning.

So what you do is negotiate. You tell the landlord you want to stay and would be willing to sign a new lease, but you can't agree to some of his terms. Tell him what you can't agree to and offer alternatives or just ask him to remove them from the lease.

If he refuses or you can't agree on a new lease. Tell him you will be moving out within 30 days and he can use the last month's rent towards the remaining rental.