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LawTalk
LawTalk, Attorney
Category: CA Real Estate
Satisfied Customers: 35406
Experience:  I have nearly three decades of legal experience, including Real Estate Law, and have held a Real Estate Broker's License.
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I paid first month, last month, and security to my landlord.

Customer Question

I paid first month, last month, and security to my landlord. My one year lease converts to month to month on October 1. Is last month rent to be used for September or does the land lord keep it til I give notice for my last month, which could be years
from now. Location: Fairfield, California Thank you
Submitted: 1 year ago.
Category: CA Real Estate
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

Under CA law, when you pay last month's rent in advance as part of a lease agreement, the advanced rent is for the last month of your occupancy immediately before you move out. While your lease may end and you convert to a month to month rental agreement at the end of the first year, the last month's rent may still be held by the landlord until you give notice of termination of your tenancy.

The landlord does not have to allow you to use the last month's rent deposit for the last month of your lease if you will be staying on as a month to month tenant after the end of the lease.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you.

I wish you and yours the best in 2015,

Doug