Can my landlord charge me last months rent, when I already paid for last month when I moved in?

UPDATED: Aug 30, 2011

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Can my landlord charge me last months rent, when I already paid for last month when I moved in?

Lease is up in 6 weeks. We already put our notice in (more than 30 days) and they are requiring us to pay last month (this next month) and pro-rated for the 2 weeks of the month after (until the end of lease) and holding our last months, plus all deposits, until after we move out. They will then decide if they need to use that money for repairs, etc. Can they do that? I thought last months paid, meant it was paid and deposits were for damage.

Asked on August 30, 2011 Oregon


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to carefully read your written lease agreement with your landlord in that its terms and conditions set forth the obligations owed to you by the landlord and vice vesa in the absence of any conflicting state law.

Typical leases require first and last month payment for rent as well as a security deposit to be used for any needed repairs after the tenant vacates the unit. If your lease states that the last month rent paid already is for the last month's rent after you gave notice, then you can use the amount already pre-paid long ago for rent for the last month you are occupying the unit.

Good question.

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