Can a landlord ask for an extra months rent ifyou are behind and trying to catch up?

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Can a landlord ask for an extra months rent ifyou are behind and trying to catch up?

Can they demand anything if there has been nothing in writing but the rent agreement? Plus they keep harassing us and scaring us with saying to be careful because someone might be shooting at you?

Asked on January 30, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A landlord can ask for advance rent in the situation that you are writing about, however, if the rent requested is not due under the express terms of the presumed written lease that you have, then you are under no contractual obligation to pre-pay the rent. Your written lease agreement controls the obligations that you owe the landlord. You are under no obligation to pay anything that does not comply with the terms of the written lease.

I suggest that given the circumstances that you are writing about that you do your best to keep current on the monthly payments when due and do your best to catch up on the payments that were not timely made. I would not pre-pay for for rent unless it is the rent that is due.


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