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Rosemaryhoffman · Dec 4, 2010, 01:16 PM

We have been renting a home for the past 2-1/2 years, always paying our rent on the first of the month. After the first year, the lease was not renewed but rather, we had an understanding that we would rent "month to month". The original lease stated that our rent would be 1200.00 a month and we also paid 1200.00 for the last month's rent, divided into two payments. The problem is... we cannot find our original lease and neither can our landlord. Now she is stating that the additional 1200.00 we paid (as last month's rent) was not for rent at all but for a security deposit, so she wants us to pay this month's rent. We are moving in less than 30 days and have given her more than enough notice. She is demanding the rent for this month. How can we settle this?

Joanrrt · Dec 4, 2010, 03:43 PM

I am not sure where you live, but here in California it would take 3 - 6 months to go through an eviction process. Just tell her you don't have it. She can't put you out on the street.To be fair though, you will need to pay for any damages to the property. Have you tried to search for renter's rights in the area you live in? There can be many laws that will protect you.

Fr_Chuck · Dec 4, 2010, 06:37 PM

This is a two way street, if it is a deposit, then you will get it back, minus any damages.

If it is rent, you will owe any payments for damages.

Normally it would be first and last plus deposit.

But you need to find a copy of the document or they have a right to sue you or evict you.

ScottGem · Dec 4, 2010, 06:53 PM

First, ANY question on law needs to include your general locale as laws vary by area.

I gather there is no dispute that you paid $2400. Just whether the $1200 was a deposit or last month's rent. So tell her that I she has proof it was a deposit to take you to court.

As Chuck noted, if it was a deposit then she will have to return some or all of it when you move. Also, in some places deposits are required to be deposited in a separate account.

Rosemaryhoffman · Dec 5, 2010, 09:40 AM

We live in Florida. I have tried to get information on this particular subject to no avail. There are no damages to the property... in fact, we have made many improvements! So I am just not going to worry about it right now. If she comes up with a copy of her lease and it shows that the money was for a security deposit, we will just have to tell her to keep it as last month's rent and we will pay for any damages she may think we have made. We have been great tenants, always paying on the first of the month, never late... not even once. So I don't think she has a leg to stand on.

Thanks for your prompt answer. I do appreciate your help!

ScottGem · Dec 5, 2010, 10:14 AM

Originally Posted by Rosemaryhoffman

If she comes up with a copy of her lease and it shows that the money was for a security deposit, we will just have to tell her to keep it as last month's rent and we will pay for any damages she may think we have made.

The problem there is that you can't legally do that. Its not up to you to dictate how a security deposits is used. The landlord can apply it towards unpaid rental if they choose.

So, if you don't pay the last month's rent, she can serve with a pay or quit notice. You would then have the opportunity to go to court and explain to the court why you didn't pay December's rent. If you tell the court you have just a few days before you vacate I doubt if they will try to get you to go sooner.