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barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33208
Experience:  Attorney for over 15 years, landlord 26 years
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When I moved into my present address I paid first and last

Customer Question

When I moved into my present address I paid first and last months rent at 1850.00 for each. I also paid $1850.00 damage deposit.
I was on a 1 yr iease for the first yr. and then it went month to month.They raised the rent in May to $2000.00.
Since I already paid the last months rent at the lower price,do I have to pay the difference one our last month. I have given the lanlord 30 days notice.
The lanlord says I have to make up the difference,but I dont think I do as I already paid the last month rent when I moved in.
Submitted: 3 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 3 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.


This is kind of a tough situation because you both have valid points... You paid for your "last month" regardless of when that occurs but then you agreed to stay on at the higher rate once your lease has ended.


With that said, I think that if this got in front of a judge, he would rule that since you voluntarily agreed to extend your tenancy and accept the new terms of the proposed rent increase, that you would get credit for the $1850 towards last month's rent, but would still have to pay the additional $150. Had you just not paid the rent at the beginning of the 12th month and used the prepaid rent, it would have been at the old rate. But when you stayed on, you are agreeing to pay the $2000 a month from that point on until your lease terminates.


I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...




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