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Additional Details
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April M | I've heard that asking for last months rent when moving into a new home is illegal. Is that true? |
I've noticed that a lot more landlords are not charging last month's rent and I am wondering if it is due to the legality issues. Thanks much for your response. |
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Paul in San Diego
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In California, it's pretty common to pay first and last month's rent as a move-in cost. The first month's rent is just the payment for the first month of the lease. The last month's rent is a security deposit and a guarantee that the tenant doesn't skip out without paying for the last month they're there.
By law, a tenant must give 30-days' notice to move out and they are liable for the entire 30 days of rent, even if they actually vacate earlier than that. So, if someone moves out without giving that 30-day notice, the landlord keeps the entire last-month's deposit. The fact that the tenant moved out is then considered the 30-day notice. |
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rssllmam
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You need to read a copy of lease. It could be perfectly legal. |
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goz1111
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Each state is different in the amount of security deposit a landlord can collect and the amount of monies over all they can request before move in
So look your state attorney general web site
It maybe in your area it’s difficult for a landlord to rent a unit when asking for first month rent, security deposit and last month rent as well
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Debra G
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I am a landlord in Pennsylvania. We always as for last months rent, in addition to the first months rent and security deposit, if the potential tenant has less than perfect credit. |
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Patrick
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As the others have stated, it depends on where you live. Landlord/Tenant laws are very local. I have rental property in PA and I collect first, last plus one month as a security deposit. I know there are areas of the country where you can only collect first plus security deposit. You'll need to give a location or check your local laws yourself.
Good Luck! |
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Biggie @ Arbor Mortgage
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I have never heard of that, but I guess it depends where you live. When I was renting, most land lords charged a deposit that was equal to a month's rent. |
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Trouble
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No, it is not illegal for a landlord to ask for a last months rent.
The landlord can ask for a security and last months rent up to the maximum amount allowed per the state's landlord tenant laws.
In my area, a last months rent is not common or the norm.
My state only allows me to collect 2 x rent upfront, so that is all security deposit. The security deposit cannot be used a rent by the tenant.
Most landlords prefer to have more $$$ for a security deposit, to cover damages as opposed to a last months rent which the tenant is allowed to use as rent.
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virginia_maryland
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It depends where you live. |
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Spaced
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That doesn't sound logical. You only pay for what you get or potentially get. It's legal to charge: A Deposit; future rent (1 or 2 months) but not past. You should consult a lawyer. |
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The Doctor
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You should see a lawyer. |
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