last months rent

[Kris999]

There are a total of eight people living in our house. Everyone is on the lease. Now, we have discovered that we cannot all live together without one of us commiting murder. And if one person moves out then we cannot cover the $1700 a month rent. When we moved in we payed first last and deposit. We were hoping to be able to save up money for each of us to go our own ways and use the last months rent that we paid as this months rent. She now called us today and said that she was going to give us a three day pay or vacate notice. She is saying we cannot use the last months rent that we paid for this month. Can she do this?

Kristen

 

[ALawyer]

Legally, probably yes, depending on the lease's terms.

No landlord wants to apply the deposit to the rent in case you trash the place or stayed over.

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This is intended as general information only and NOT LEGAL ADVICE. You are not my client, and I have no obligation of any kind to you. To retain a lawyer, go to http://AttorneyPages.com

 

[Tracey]

Has she agreed to let all 8 of you out of the lease effective 5/31? Get her agreement in writing!

If yes, then May is your 'last month' and she must apply the prepaid money to May's rent. Let her give you the 3-day notice, followed by the unlawful detainer summons & complaint. (She has to serve each of you, BTW.) File an answer within 5 days, stating that you don't owe any rent because you prepaid the last month's rent and May is your last month, and demanding a hearing. Even if you lose the hearing, it will delay things until the end of the month. The complaint & summons will tell you how to do this.

Call the local tenant's unions for help. Tenants Union: 723-0500; Neighborhood Legal Clinics 340-2593. (These numbers are from 1996.)

If she hasn't agreed to let you break the lease, then May is not your last month and you have to pay her. However, you then get the last month's rent refunded when you do move out & she rerents the place. She has to credit you for any June rent she receives from the new tenants. File an answer anyway, as it will delay the eviction until the end of the month.

You can read the statutes on unlawful detainer in RCW 59.12 & 59.18. They're boring, but not too difficult to understand. Don't forget to check the Seattle ordinances - they give you extra protections. MAKE SURE SHE HAS FOLLOWED EVERY NOTICE & SERVICE REQUIREMENT TO THE LETTER. If she gets just one thing wrong, the judge has to dismiss her case and she has to start over.

Good luck,
Tracey

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

[This message has been edited by Tracey (edited May 11, 2000).]