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    mrsfranco1's Avatar
    mrsfranco1 Posts: 2, Reputation: 1
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    #1

    Oct 22, 2008, 10:44 AM
    Expired Lease, but Landlord wants back payment
    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's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    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's Avatar
    mrsfranco1 Posts: 2, Reputation: 1
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    #3

    Oct 22, 2008, 11:12 AM
    Quote Originally Posted by excon View Post
    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's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #4

    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's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    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

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