Readra211, Renter in Yakima County, WA

Last Months Rent

Asked by Readra211, Yakima County, WA Sun Apr 3, 2011

My LL is wanting me to pay $1750 for last months rent. When we signed the year contract they did not include a deposit or last months rent in the contract. Am I still required to pay them for something what was never written in the contract?

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Regardless of what was said prior to executing the contract whatever was included when the lease was signed is binding. A foul goes to the LL who missed it in the paperwork. Since you've already stated that you would not skip out on the obligation at the end of your tenure you might consider agreeing to paying in to the last month over time. You and LL both know it was intended to be included in the terms. Make a decision that results in a win for both sides.
0 votes Thank Flag Link Sun Apr 3, 2011
If it is not in the contract, you may not have to pay it. They are just worried that you are going to leave without paying the last months rent. However, I do not see why you say they are greedy. It seems like they made a mistake by not getting the last months rent or a deposit up front. I never rent without a deposit. Ever. They seem like too nice of landlords that made a mistake & are trying to fix their mistake.
0 votes Thank Flag Link Sun Apr 3, 2011
I am current on my rent now, but when we first looked at the property the LL mentioned us paying a last month rent along with the first month. When the contract was presented to us there was no mention of the last month rent being required, we paid the first month and were able to move in. I of course will pay my last month rent the last month I actually reside in the unit. But they seem to be greedy and are wanting me to pay a last month rent before my last month is here, without this being mentioned in the contract I do not feel obligated to pay this before it is due. I am to reside in the unit from 10/2010 till 09/2012.
0 votes Thank Flag Link Sun Apr 3, 2011
I think the first two answers are misunderstanding the question. As I read it, no deposit was required, nor was the tenant required to pay the last month's rent in advance, and by last month I mean the month at the end of the lease term, not March 2011.

This is another legal question that would require an attorney to review documents and answer. In the alternative, there might be some local landlord/tenant entity that would help with advice. I would only say that whatever you pay, every month, make sure you obtain and keep receipts.
0 votes Thank Flag Link Sun Apr 3, 2011
Check your lease again. You're undoubtedly required to pay.

No deposit was required. That's OK. A deposit is at the option of the owner. Depending on how the lease is written, it might or might not cover missed rent payments. But you weren't required to pay.

You say the "last month's rent" was not included in the contract. Please clarify. Usually a lease will state a term (such as 1 year from January 1) and either a total amount (such as $12,000, which works out to $1,000 a month) or a monthly amount (such as $1,000.

It's very likely that your lease was worded one way or the other. If you were in the property for the duration of lease--for the time span of the lease--then you owe the money. The only exception that I've run into--and this happens with apartment rentals mostly--is when a free month is explicitly stated. That's usually an incentive offered by the landlord: "Sign a 12 month lease and your 13th month is free" backed up by that language in the lease.

But, absent that, you not only rented during that month but--unless you can quote the exact language from the lease absolving you from payment--owe the rent.
0 votes Thank Flag Link Sun Apr 3, 2011
Don Tepper, Real Estate Pro in Burke, VA
MVP'08
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If you lived in the property during the last month, you need to pay--for any legal advice needed, consult with an attorney who specializes in real estate...
0 votes Thank Flag Link Sun Apr 3, 2011
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