As a landlord do I have to return “last month’s rent” if the tenant owes back rent?

Get Legal Help Today

 Secured with SHA-256 Encryption

As a landlord do I have to return “last month’s rent” if the tenant owes back rent?

My tenant was required to pay for their last month upon entering the house. Now they owe more then that amount in late rent. Do i have to retun the “last months rent” as stated in the contract?

Asked on June 30, 2009 under Real Estate Law, Oregon

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I very much doubt it.  The contract requires the return of the "last month's rent" received when they moved in, based on the assumption that the last month's rent would actually have been paid when due, or at least when they moved out;  in that case, keeping the money would mean you'd gotten paid twice for that month.  That's not the situation here.

I'm not an Oregon attorney, and landlord-tenant law does vary from one state to another, and usually it's expensive to make a mistake as the landlord.  So it is never a bad idea to check with a lawyer in your area, who can get into the factual details as needed to give you reliable advice.  One place to find a lawyer is our website, http://attorneypages.com


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption