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.
Security deposit is NOT "normally last month's rent" in any state.
The OP is talking about what he experienced in his old state, California, and while it's uncommon to pay a last month rent in California anymore, there are still rules about how it works.
Go to California Tenants - California Department of Consumer Affairs (http://www.dca.ca.gov/publications/landlordbook/moving-out.shtml - broken link) and scroll to the bottom of the page to ADVANCE PAYMENT OF LAST MONTH'S RENT.
That said, he's not in California anymore, so the rules he's used to may not apply anymore...
The OP is talking about what he experienced in his old state, California, and while it's uncommon to pay a last month rent in California anymore, there are still rules about how it works.
Go to California Tenants - California Department of Consumer Affairs (http://www.dca.ca.gov/publications/landlordbook/moving-out.shtml - broken link) and scroll to the bottom of the page to ADVANCE PAYMENT OF LAST MONTH'S RENT.
That said, he's not in California anymore, so the rules he's used to may not apply anymore...
It's not uncommon at all in many areas to pay first, last and security. The OP is specifically saying that the security deposit is last month's rent which just isn't so whatever state he's in.
if you move out earlier than the lease ends...you eat the days you left early. On our leases all months will be pro rated on a 30 day base...Realtor lease Florida.
If I pay the remaining 17 days of rent, that $$ is supposed to be used for RENT and rent only, not for other purposes such as cleaning, damages, etc. Since I have not any intention of living there, why should I pay this $$ when I need it to pay my rent at my new place?
When I lived in Calif (God bless that State), the contracts had SEPARATE cleaning fees, security deposit (normally last month's rent). The monies were separated. They could not use your security deposit (essentially last months' rent) for cleaning or damages. this came out exclusively from the cleaning deposit.
I understand what most are you saying (clearly, you must be landlords since you're all so greedy) about the contracts. I'm going to re-read mine and see what it says about all of this.
"Since I have not any intention of living there, why should I pay this $$": Because the law legally obligates you to do so, as well as your lease.
"When I lived in Calif...": Forget about Calif, it has nothing to do with the laws where you now live.
"clearly, you must be landlords since you're all so greedy"- You are the one that is being greedy here, trying to cheat the landlord out of rent and damages that you agreed to pay when you signed the lease.
"I'm going to re-read mine and see what it says about all of this": It is about d*** time, you should have done that before you ever started this thread.
if you move out earlier than the lease ends...you eat the days you left early. On our leases all months will be pro rated on a 30 day base...Realtor lease Florida.
I have the feeling you want pull a fast one...
You would be wrong. Honestly, some of you are not reading this properly. I have no intention of "pulling a fast one". My 1 year lease started on Feb 12, 2011 and ends on Feb 12, 2012. I gave required 60-day notice on Dec 12 and move out date is Feb 12. I will pay up to that day, no more than that. Since my lease officially ends on Feb 12, 2012, I'm not paying beyond that date.
"Since I have not any intention of living there, why should I pay this $$": Because the law legally obligates you to do so, as well as your lease.
"When I lived in Calif...": Forget about Calif, it has nothing to do with the laws where you now live.
"clearly, you must be landlords since you're all so greedy"- You are the one that is being greedy here, trying to cheat the landlord out of rent and damages that you agreed to pay when you signed the lease.
"I'm going to re-read mine and see what it says about all of this": It is about d*** time, you should have done that before you ever started this thread.
You would be wrong. Honestly, some of you are not reading this properly. I have no intention of "pulling a fast one". My 1 year lease started on Feb 12, 2011 and ends on Feb 12, 2012. I gave required 60-day notice on Dec 12 and move out date is Feb 12. I will pay up to that day, no more than that. Since my lease officially ends on Feb 12, 2012, I'm not paying beyond that date.
It would have been good to clarify this with your landlord at the time of notifying him/her about your intention to move out. I hear that it varies from state to state, and I think Texas law does recognize the right to pro rate, unless your contract specifically states otherwise. I bet your argument would prevail in a court of law. But I'm no lawyer...
You would be wrong. Honestly, some of you are not reading this properly. I have no intention of "pulling a fast one". My 1 year lease started on Feb 12, 2011 and ends on Feb 12, 2012. I gave required 60-day notice on Dec 12 and move out date is Feb 12. I will pay up to that day, no more than that. Since my lease officially ends on Feb 12, 2012, I'm not paying beyond that date.
If you had said this in the beginning there would have been no reason for this thread to drag on. If you pay your monthly rent on the 12th of the month then your last rent period ends on the 11th so you will already have paid up until the time you move out if logic is to prevail so you wouldn't be pro-rating anything. You started throwing in your $75 security deposit as "last month's rent" to muddy the waters so the confusion is understandable.
You would be wrong. Honestly, some of you are not reading this properly. I have no intention of "pulling a fast one". My 1 year lease started on Feb 12, 2011 and ends on Feb 12, 2012. I gave required 60-day notice on Dec 12 and move out date is Feb 12. I will pay up to that day, no more than that. Since my lease officially ends on Feb 12, 2012, I'm not paying beyond that date.
If your lease began on the 12th last year, just look to see what pro ration was used for the first half of that month. Use the same formula to figure out what you owe for the last month.
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.
