how much is last month's rent

[sunset133]

When we rented our home five years ago we paid the last month's rent in advance. We have been on 1 year leases since then. Since that time the landlord has raised the rent $300.00 per month. It is now time to move to a new home. What amount do we owe for the last month's rent, the original amount that is prepaid or the current rent that is $300.00 more? I live in Washington state.

Thx

sunset133

 

[jlw1000]

The current rent which is $300 more.

 

[happylucky]

What is stated on the lease......One month or is it a dollar amount?

Did the landlord ask for increased security as well?

But if the lease says you paid $XXX rent $XXX security and $XXX for last months rent....then since there was NEVER any changes to those amounts on the new leases, the landlord must accept the original amount as the last months rent.



[Edited by happylucky on 07-08-2001 at 01:15 PM]

 

[sunset133]

re last month's rent

The lease reads $1200.00 was paid for the last month's rent, and this is also indicated on the receipt that reads $1200.00 received for last month's rent.

The security deposit was not raised.

The rent was raised in stages, $100.00 the second year, then $200.00 in the fourth year and the subsequent leases read the rent will be paid in the increased amount.

Thanks for your help.

sunset133

 

[jlw1000]

What does your CURRENT leasr state. For example my leases state: Lessee shall pay to lessor as annual rent the sun of $*****, payable in equal monthly installmanents of $*****. This leaves no question that I expect the new rental amount to be paid for the last month, regardless of deposits.

I have raised the rent over the course of time as well. I usually have the tenant pay the difference in the deposits. I do have one tenant that comes to mind that said they just could not afford the extra $25.00 for the deposit. I let him slide, but I certainly expect him to honor the contract and pay the $25 difference at the end. Your landlord may have tried to extend the same courtesy to you.

I am going to learn my lesson from your landlord's mistake. No wonder so many landlord's are rigid and unwilling to negotiate with tenant's. Trying to take advantage of an imagined loophole is just plain dishonest.

 

[happylucky]

NO it is NOT a loophole or the tenant is being dishonest.

It is a contract..and it stated $1200 as the last months rent, and since the landlord has NOT made any changes to that contract, then it stays $1200 till the last month of occupancy.

The same for the security deposit, you can increase the last months rent AND the security to one month, BUT be prepared for the tenant to move....since that would have been an extra $600 the tenant may not have.

If the landlord wanted MORE then $1200 for the last months rent then the Landlord would have asked for more money at each lease renewal to bring it up to one months rent.

No one is trying to rip off the landlord.....the landlord made a deal and the tenant will honor THAT DEAL!

 

[Mhami]

Quote the Lease Exactly

I think you need to get Sunset133 to quote the lease exactly. She says the lease states "$1200.00 was paid for the last month's rent." All that means to me is that $1200.00 was paid for the last months rent. Not that the last months rent is to BE $1200.00.

My opinion is that the current rent is what is owed for last month.

 

[happylucky]

Well what if it was the other way around......

The tenant had paid $1200 for a one month deposit...

So should landlord put in $300 to make the deposit $1500...so the tenant gets a $300 windfall now that the rent is $1500?

Fair is fair!

 

[sunset133]

re last month's rent

Gee whiz I didn't mean to start an all out war.

I don't really need to write out the whole lease as there are only two clauses that are relevant and which are also separate from one another. The first is: The tenants shall pay the sum of $1500.00 each month beginning on
July 1,2000, and ending on July 31, 2001. The other clause reads: The tenants have paid the sum of $1200.00 for last month's rent, and the sum of $600.00 for deposit. Everyone knows that leases cannot talk or state anything, they can however be read, that is why mine reads as I stated.

Actually I think most landlords have a propensity to forget the tenant is "buying" the house "for" the landlord, and when the tenant leaves they have nothing and the landlord still has the house. Being appreciate of good tenants means everything to the tenant and brings upon a shared respect for each other, because certainly $25.00 is a very trivial amount.

Actually we are very good tenants, and have kept this rental property in far better shape than the landlord did when he lived here before us. We far improved the yard and he actually told us that, you keep the yard up better than I did".

Our landlord is one who doesn't like to make repairs, and rather than just refusing to do it, he acknowledges the written request then simply ignores it. Passive/Agressive. It took us 4 years to get him to fix a plumbing problem and that only came to be when the plumber told him the line was broken further, and had to be fixed. So for 4 years we went through regular every 3 month's of having to have the drains snaked out and sewage flowing out of the downstairs bathroom into the bedroom. There were other things that really needed to be fixed but we felt sorry for him having to make such an expensive plumbing repair, and didn't push it.

Please don't think I don't like my landlord as I do, we've had a very amicable relationship through those 5 years. He's decided to stay back East and sell this home as he didn't expect to return here.

sunset133

 

[happylucky]

No its just a difference of opinion.....

The way i would read that clause is:

You owe the landlord $1500 for this month's rent IF you intend to renew the lease....IF NOT then the last months rent is $1200.

And that would be right.

OR you could ask the landlord to stay one more month and next month will be the $1200 he already has.... since it will be the last month.



[Edited by happylucky on 07-09-2001 at 05:35 PM]

 

[Cvillecpm]

Why landlord's should not take LMR

You have "purchased" the right to have $1,200 be your LMR - think of it as buying it on Lay-a-way....Landlord should have increased it with the rent and since he has not, you have paid your rent.

 

[jlw1000]

Since there is such a dispute over this I checked with the attorney that compiled my lease. (I want to make sure I am protected, since giving a tenant a break seems to have such a down side.) He said that the last month's rent is what the current lease demands for rent, not what is held as a last month's rent deposit.

Of course he could not comment on your situation without reviewing the lease. If you want to take your chances & not pay the $300 the landlord can take you to court & let a judge decide. Be warned, if the landlord wins this goes on your credit and the landlord can attach your wages etc. The adverse effects of a judgement on your credit may not be worth $300 to you.

Of course he could not comment on your situation, because he does not know how your lease is worded.

 

[sunset133]

I read the lease the same way, that it is 1200.00 for the last month as he never requested any further upon raising the rent, and we paid the last month's rent in advance. It would seem pretty greedy to expect to force the tenant to accept different terms than the original contract they signed and agreed to. A landlord cannot unilaterally change the original contract with his whims to raise the rent. I believe that violates contract law to unilaterally change a contract. Unless the tenant agress to it, then you have both agreed to a change in terms, which then constitutes a contract between the parties.

Actually it's not an issue anymore because he agrees that was the intent of the initial lease that we signed, and feels it would be unfair to request more funds when we rented the house under the assumption the last month's rent was paid.

 

[happylucky]

Glad it worked out for you this time, but at least you know you can fight it , if you wind up with a low life landlord next time.