Can a landlord charge a tenant twice for first months rent and security deposit?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a landlord charge a tenant twice for first months rent and security deposit?

I have lived in my unit for 7 years with an oral month-to-month rental agreement. My landlord has now given to me a written rental agreement and wants me to pay the first months plus security deposit, which I already paid when I first moved in. Is this legal for her to do?

Asked on September 24, 2011 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is unforntunate that you have an oral month-to-month rental agreement with your landlord in that if it was written you would have a document setting forth the written obligations owed to you by the landlord and vice versa in the absence of conflicting state law.

Hopefully you have a receipt or a cancelled check showing that you paid the first month's rental and its security deposit seven (7) years ago so you will not be double charged for such. This is the problem when written documents showing payments are not created and signed by the parties.

A landlord can charge a tenant twice for first month's rent and security deposit which appraently he or she is trying to do in your situation. Whether this is this contractually allowed or stautorily allowed is debatable since you claim that this has already been paid years ago.

You need to remind him or her that the moneys for the first month's rent and security deposit have been paid and hopefully you can provide proof that you made such with written documents.

Good luck.


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