Can a landlord legally ask for last month’s rent in addition to deposit and first month’s rent?

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Can a landlord legally ask for last month’s rent in addition to deposit and first month’s rent?

We have lived in this rental for a little over a month and the rental agreement states that we have to pay last month’s rent. I cannot find definitive information concerning whether this is binding or not in this state. I was expecting my student loan two days ago, and have not received it, and the last month’s rent was due yesterday. She served me with a Notice to Pay or Quit today.

Asked on October 7, 2011 under Real Estate Law, Kansas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have a written lease agreement for the rental that you have, you need to carefully read it in that its terms and conditions control the obligations owed to you by the landlord and vice versa in the absnence of conflicting state law.

If your written lease is silent as to certain monies that your landlord is currently asking you for, then you are under no contractual obligation to pay the additional amount. If the written lease agreement that you signed calls for payment of the last month's rent to your landlord and you have not paid it, you are contractually obligated to do so.

Since you have been served with a notice to pay or quit with respect to the last month's rent, either you pay what you agreed to do or you most likely will be facing an unlawful detainer action to evict you from the premises.

Good luck.


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