Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I live in State. I have prepaid 10 months rent in advance to…

Customer Question
I live in Washington...

I live in Washington State. I have prepaid 10 months rent in advance to the landlord. I was month to month before this payment. Do I now have in effect a ten month lease?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Washington State

Lawyer's Assistant: Has anything been filed or reported?

The landlord cashed my check and it has cleared my bank.

Submitted: 11 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 18 minutes by:
10/1/2017
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 11 months ago
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 33,366
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
Verified

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Ask Your Own Real Estate Law Question
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 11 months ago

Good morning. Is anything in writing? Why did you agree to this?

Ask Your Own Real Estate Law Question
Customer reply replied 11 months ago
Nothing in writing except the memo line of the check indicates that it is for rent payment. I was current on rent so none would or could be used for past rent. The reason I did so was to keep the place secured as mine while saving to purchase my own place. The rent is a great deal.
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 11 months ago

Thank you for the reply. Please allow me a moment

Ask Your Own Real Estate Law Question
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 11 months ago

In a situation like this, you could argue that you have a ten month lease I say this because if the rent was paid in advance and accepted, the landlord could not just ask you to vacate and terminate the lease with the proper notice, as they could with someone who rents and pays month to month. For the tenant to end, there would need to be a violation or breach of the lease agreement, so absent that happened, you would be locked in for ten months. The landlord could not just return a portion of the money and ask that you vacate, unless you agree,

Ask Your Own Real Estate Law Question
Customer reply replied 11 months ago
That was my understanding as well. Can you share with me the statute that you used to arrive at your opinion?
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 11 months ago

It is the implied conduct and actions of the parties. Not a specific statute. I say this because there was an agreement and the intent of the parties, to have you occupy the rental for 10 months. After all, if a landlord nor tenant wanted that, they would not simply pay in advance, absent a written agreement, which laid out terms and conditions, that would allow one to break the tenant. You can argue that this was an IMPLIED CONTRACT between the parties.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 11 months ago

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 11 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask RealEstateAnswer Your Own Question
RealEstateAnswer
RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 33,366
33,366 Satisfied Customers
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases

RealEstateAnswer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
Can a landlord not cash a rent check and claim" non
can a landlord not cash a rent check and claim " non payment"? … read more
RealEstateAnswer
RealEstateAnswer
Lawyer
Juris Doctor
33,366 satisfied customers
Can a apartment management company demand or take a full 6
Can a apartment management company demand or take a full 6 months of rent money up front in advance?… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
Parents are living in South Carolina. The home owners
Parents are living in South Carolina. The home owners daughter for the house they have been renting for 41 years, showed up with a durable power of attorney to raise rent $200 month, sell the house or… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
My landlord is trying to evict me. And now for six months
My landlord is trying to evict me. And now for six months has not cashed my rent checks. now the landlord is saying I have refused to pay rent. When I called the bank I send my rent payment to. I was … read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
im a tenant at a rental complex located in Cupertino CA. Unfortunqtely,
i'm a tenant at a rental complex located in Cupertino CA. Unfortunqtely, our recent rent remittance by personal check was returned for insufficient funds. The landlord is now asking for all future rem… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
I have a tenant that fell behind in his rent and has otherwise
I have a tenant that fell behind in his rent and has otherwise been a nuisance and never signed my lease. I have served him with a "14 day Notice" to pay as well as a "Notice of Termination" by landlo… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
We live in Spokane, WA. I just found out that the house we
We live in Spokane, WA. I just found out that the house we have been renting has never been issued a Certificate of Occupancy. We are the first tenants since the house was relocated and remodeled to t… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I moved out of a retail space and sub leased it for the remaining
I moved out of a retail space and sub leased it for the remaining 2 yr of a 6 yr lease. Husband and myself were both on lease. Husband and I got divorced. Husband insisted, to protect his credit, that… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
If the mobile i was living in was deemed unlivible by code
If the mobile i was living in was deemed unlivible by code enforcement, and land owner knew of septic violations, can they sue me for back rent, in which they are stating i continued to live there aga… read more
lwpat
lwpat
Doctoral Degree
6,615 satisfied customers
I currently live in Sedgwick,County Kansas. I have a tenant that is almost 2 months behind
I currently live in Sedgwick,County Kansas. I have a tenant that is almost 2 months behind, she owes a month and a half of rent. I have tried to make payment arrangements,and last Friday she missed he… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
18,099 satisfied customers
My lease at my apartment says I agreed to live in the apartments
My lease at my apartment says I agreed to live in the apartments from august 2011 to may 2012. Which is 10 months. Then it says "Resident agrees to pay lessor as the total rental for said term the sum… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,865 satisfied customers
Re: Tenants Rights 1. I am currently renting a home in the
Re: Tenants Rights 1. I am currently renting a home in the Nassau county area. I pay rent by drectly transferring funds from my bank account to the Landlord's bank account. I recently asked the Landlo… read more
Dimitry Esquire
Dimitry Esquire
Attorney
Doctoral Degree
5,526 satisfied customers
Rent payments. 1. Rent payments are a percentage of income.
Rent payments. 1. Rent payments are a percentage of income. My income varies monthly. 2. I have payed the asking rent, on time and each month since 2009. 3. Without pryer notification of increase of r… read more
evanesq
evanesq
Managing Attorney
Doctoral Degree
6 satisfied customers
My Massachusetts rent is due on or before the 1st. My landlord
My Massachusetts rent is due on or before the 1st. My landlord takes this to mean that the check has to have cleared by the 1st. I am accustomed to handing the landlord a check on the 1st. That check … read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
have a landlord question. We have a prepaid lease, the landlord
have a landlord question. We have a prepaid lease, the landlord has advanced payments for the rest of the year. In July with a 90 day noticed, we told him that we were going to leave in September 30th… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
Our lease had ended JAN of 08, and apartment building has swiched
Our lease had ended JAN of 08, and apartment building has swiched ownership due to foreclosure. There has been no maintenance of apartment by new or old ownership. I personally have fixed pipes in min… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,377 satisfied customers
My rent check bounced, and the landlord charged me late fees
My rent check bounced, and the landlord charged me late fees from the day he/she found out about it (the 22nd!) plus the late fees from her bank to pay the mortgage to the house plus late fees from he… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,377 satisfied customers
I am a Landlord and I just rented out my house on a ...
I am a Landlord and I just rented out my house on a month to month basis on March 7, 2008. The renters still haven''t paid the rent. I posted a ten day notice on the 7th of April and she left me a lis… read more
Flagbridge-RE
Flagbridge-RE
Principal Consultant
B.Kin, B.C.L, C. Neg, C. Med, C. A
1,786 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x