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I live in a college town in upstate New York. I am attending university and live in an apartment close to campus.
The lease for my current apartment started the end of August 2015, and at that time I had already paid my security deposit and my first three months rent (they asked for that when the Spring semester ended, before summer started). Then on September 1st they required the next three months paid. So I haven't even live in the place for a month and have already paid for 6.
To make matters worse, they would like the lease for the apartment renewed this month for 2016-2017. So 11 months before the lease would begin in 2016. Along with that renewal the landlord is requiring the first month of rent paid. So in September 2015 they are asking for a rent payment for September 2016.
The landlord makes claims that they have received hundreds of requests for next year and so they must rush getting leases renewed. I can also understand how a bunch of college students are not as trustworthy as the general public so they would like rent paid further in advance, but 6 months seems ridiculous.
My question is basically weather this is legal? It seems rather unfair to have to be paying so far in advance, and frankly it makes paying the rent itself much harder. In this current situation, I may not be able to renew my lease simply because I don't have money sitting around that I can earmark for something a year in advance.
The most a landlord can charge you when you first move into an apartment is:
First month's rent;Last month's rent payment;A security deposit; andThe cost of a new lock and key.
The last month's rent and security deposit each can be no more than the first month's rent. For example, if your first month's rent is $1,000, a landlord can charge you $3,000 ($1,000 for the first month's rent, $1000 for a security deposit, and $1,000 for a last month's rent payment), plus the cost of a new lock and key
You really should discuss this situation with the on-campus legal advisor or student housing authority. I don't know which university you are attending, but the majority have someone who can either give legal advice or use the weight of the university to help in this situation. Remember, if you are having this issue, so are many other students.
Talk to some of the other tenants and see what they are doing or to whom they may have spoken at the university.
The most a landlord can charge you when you first move into an apartment is:
First month's rent;Last month's rent payment;A security deposit; andThe cost of a new lock and key.
The last month's rent and security deposit each can be no more than the first month's rent. For example, if your first month's rent is $1,000, a landlord can charge you $3,000 ($1,000 for the first month's rent, $1000 for a security deposit, and $1,000 for a last month's rent payment), plus the cost of a new lock and key
The most a landlord can charge you when you first move into an apartment is:
First month's rent;Last month's rent payment;A security deposit; andThe cost of a new lock and key.
The last month's rent and security deposit each can be no more than the first month's rent. For example, if your first month's rent is $1,000, a landlord can charge you $3,000 ($1,000 for the first month's rent, $1000 for a security deposit, and $1,000 for a last month's rent payment), plus the cost of a new lock and key
I haven't read it, but what your landlord wants you to do, is probably legal. It's up to you to say no.
What does your lease say? Does it say you pay every month? Or in 3 month chunks? You can always refer to the written lease agreement, if he's asking for something different than what's in the lease. The lease will rule, unless what's in it is illegal. But, I don't believe it's illegal to write up a lease that says the tenant agrees to pay 3 months at a time, or to ask you to sign another lease now.
You can always negotiate. If you're willing to sign a lease for next year, just tell him you'll sign a lease for next year, but you won't pay next September's rent until next August, or something like that.
Fair enough, I am not with my primary computer right now and so don't have a copy of my lease on hand. I will consult it and see what it says. I know the rent is split into 3 month chunks, and that I have planned for and am fine with. I do not believe having to pay the first month of a renewed lease (Sep 16) is in there and so I have not planned for that, but I will check. I am going to reach out to the off campus housing office at my university and see what they have to say.
Fair enough, I am not with my primary computer right now and so don't have a copy of my lease on hand. I will consult it and see what it says. I know the rent is split into 3 month chunks, and that I have planned for and am fine with. I do not believe having to pay the first month of a renewed lease (Sep 16) is in there and so I have not planned for that, but I will check. I am going to reach out to the off campus housing office at my university and see what they have to say.
Sounds good. It will be helpful to have someone look over your lease who understands what to look for. Personally, I wouldn't pay next September's rent now. I'd tell him I'll sign a new lease that says I agree to pay next September's rent in August (if that's acceptable to you). Then, make sure you read the lease and are okay with what's in it. Leases are negotiable.
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.”
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.”
And here we go again The issue with OP is not about security deposits. It is about 'rent'.
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The issue with OP is not about security deposits. It is about 'rent'.
