If I paid the first and last month's rent years ago, and the current rent is a lot more, did I not "buy" in advance, an extra month's rent at the price when I signed the rental agreement? So I can considered the last month as paid in full without paying the additional to equal the new rent amount?

Tom

Hello Tom:

It's a very interesting proposition. Landlord/tenant law doesn't address the specific question. I can certainly see where you have grounds to believe that you already paid the last months rent, because you really did.

And, I can see the landlords side where he believes that he should receive market rent (which is higher) for the last month because the last month does, in fact, occur when the market is higher.

Therefore, since I don't believe landlord/tenant law covers this notion, and it looks like you've had a long and successful relationship with your landlord, and the difference between market and what you paid CAN'T be that much, I certainly wouldn't fight over it. Offer to split the difference with him. Seems fair to me.

excon

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Originally Posted by go4tom

If I paid the first and last month's rent years ago, and the current rent is a lot more, did I not "buy" in advance, an extra month's rent at the price when I signed the rental agreement? So I can considered the last month as paid in full without paying the additional to equal the new rent amount?

Tom

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Arguably YES - and the argument you present is correct and the coorelation is purchasing an item on "lay-away"... unless the landlord increased the LMR during the lease, you have paid it in FULL.

There is "case law" on this in CA.