Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Have you already signed a lease agreement with them? What does that say. As for the law on security deposit limits. If we're talking about New York state...
“Unless the apartment is rent regulated, there is no legal limit to the amount that can be requested for a security deposit,” said Seth A. Miller, a Manhattan lawyer who specializes in landlord-tenant matters. “For rent stabilized tenants, the limit is one month’s rent.”
OP is inquiring about the legalities of being required to pre-pay rent and to commit to a lease renewal just one month into his current term. He's not asking about security deposits.
Legal or not, I'll leave that to others....but I think the OP has to consider if it's true what the LL said about units being in such high demand. If OP had been on a waiting list for three years to get into this unit, well maybe they are high demand. If he had no trouble last year at the regular renting time for this academic year, and there were plenty of other rentals available, I'd think the LL is blowing smoke.
I live in a college town. Both of my kids had to let the landlord know by the end of September or early October if they wanted to renew the lease for the following year. Rental occupancy rates within walking distance to campus are above 96% here. I'm guessing it's a similar situation in your town OP.
It's not uncommon for landlords near college campuses to renew leases very early--only a month or two into the lease.
As for the legality of the prepayments: I believe it's legal. You signed the lease which stated the payment schedule.
OP, just a thought but you may want to try posting this in the New York State forum where you are more inclined to attract posters who are very familiar with the student housing at the college you are attending and can provide you first-hand experience on what they dealt with.
Otherwise, as another poster suggested, speak to a campus counselor.
I live in a college town also and students have told me when I am showing them apts that they have had to reserve campus housing well into 2 years in advance. But I have no idea what they had to pay to reserve initial housing in advance or what and how they had to pay once living there and renewing their housing.
Unless the OP has a lease agreement that already lays out the stipulations of the term of his lease, the landlord can demand ANY TYPE OF DEPOSIT because there are no legal limits in New York on deposits. It doesn't matter that the OP or any other person here are calling it rent. What matters is what that money is LEGALLY defined as.
Rent that is for months in the future are legally defined in almost all state books as a security deposit. I'm not saying it, this is case law at New York state.
Even when I give direct quotes and information, people are still arguing with me why I'm talking about deposits instead of rent. You people are unbelievable.
Just to restate. If you have a current lease agreement that stipulates that the rent payment be paid upfront 6 months in advance, that is not something that is forbidden by New York State law. You'll either have to come up with the rent or break the lease if the landlord is unwilling to work with you on the payment schedule.
If you haven't signed any contract yet and the landlord is trying to alter the terms of the agreement, now is the time to negotiate.
If you signed a contract and the terms of payment stated that you are only required to pay for only 1 month in advance, then the landlord is attempting to change the terms of the agreement and that's illegal. If she attempts to evict you for the month of October even though you paid thru till October 31st but not for any months after, you can show your lease agreement to the court and they will force the landlord to adhere to the terms she stipulated in her own lease agreement.
When my friends kids went to collage [one grad 2 yrs ago... 1 just started 2 different friends ] They were telling me LL wanted the Whole years rent up front because of student loans etc. Guess LL don't trust kids to pay month to month Figure they spend it before rent comes due the following month. Maybe that is what your LL doing OP ... I do agree with the others about getting local legal advice. Either way Keep the receipts!!
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
] They were telling me LL wanted the Whole years rent up front because of student loans etc. Guess LL don't trust kids to pay month to month 
