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galfam · Nov 30, 2006, 07:32 AM

I recently gave 60 days notice on my lease. I am now at my last month's payment due.
I did however have to prepay first and last months rent at the beginning of the lease. My landlord is saying I have to pay the rent at the beginning of the month and he will refund it at the end of the month. I see nothing in the lease to address this and it makes no sense to me? Can this be right? Why would I have to pay it again?

RickJ · Nov 30, 2006, 07:36 AM

The landlord is wrong. If you have given proper notice, and paid the last month's rent in advance, then he should apply what you paid in advance as your last month's rent.

If he's using a good lease, then this should be stated there.

If he insists on you paying it, I'd complain to your State Attorney General.

Fr_Chuck · Nov 30, 2006, 07:44 AM

That is correct, once you have paid first and last month rent, when you give notice, you don't have to pay your last months rent.

What the landlord is tyring to do ( illegally) is get that money to be held as a higher deposit, in case of damage.

I would also make this as a "red flag" of possible other issues when you move out. So get them to do a final inspection WITH you, and note any issues then. Also take photos of the apartment when you move out as evidence also.

galfam · Nov 30, 2006, 08:54 AM

Thanks for your help!

Dr D · Nov 30, 2006, 08:59 AM

I think that the answer would depend on the specific wording in the lease. Here in AZ the limit on any up front deposit is 1 1/2 times the monthly rent. I collect the first month rent plus at least an equal amount as security/damage deposit. At times the tenant erroneously believes that the deposit includes the last month rent. If the tenant did not pay the last monyh rent when giving the 30 day notice, the funds remaining to cover any damage to the unit would be minimal, or possibly zero.