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

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.


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