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Old 10-30-2013, 04:43 PM
 
5 posts, read 19,865 times
Reputation: 10

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I am wondering about the requirement to return prepaid rent. Situation as follows:
Daughter in college and I pay 1/2 her rent. I pre-paid 1 year of rent for my half to the apartment. This is voluntary on top of the security deposit paid upon signing lease. My daughter is going into the army and I have provided the military papers showing her leaving in January. I have requested my February 2014 - August 2014 prepaid rent be returned to me. I am told they will give no refunds until 30 days after my daughter moves out. While I understand this on security deposit, can she legally hold my $500. per month of prepaid rent until after the move out date? This was not required of me, it was done for convenience to be sure she had my portion of the rent onetime every month.
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Old 10-30-2013, 04:55 PM
 
Location: Southern California
3,455 posts, read 8,343,889 times
Reputation: 1420
sounds shady to me, however it really depends on what her lease says. They are probably holding it until they are 1. sure she leaves and 2. sure they can re-rent the place for the time she had it leased. I understand many times there are clauses for service members though so it may be different. you need to read the lease agreement.
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Old 10-30-2013, 05:14 PM
 
5 posts, read 19,865 times
Reputation: 10
Sorry, I should have mentioned - she is not arguing the lease, she has been granted release from the lease due to military service and they have the proper paperwork in hand so the only issue remains is getting my
"voluntarily prepaid rent" back for the months she will not be living there. I don't believe she can withhold this money but wanted to check with someone more knowledgable. Nothing addresses this situation in lease. Thanks
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Old 10-30-2013, 05:19 PM
 
Location: Poway
1,447 posts, read 2,745,411 times
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OP, you might also try posting your question in this section of the forum. It specifically deals with renter/landlord issues.

http://www.city-data.com/forum/renting/
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Old 10-30-2013, 05:44 PM
 
5 posts, read 19,865 times
Reputation: 10
Will do - thank you
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