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| *Ostroff, Fair and Company>>>Renting & Real Estate |
Can a landlord ask for first/last month's rent in a tenancy-at-will situation? |
i live in massachusetts and my current one-year lease on my apartment is over as of july 31. my landlady wants me to sign a new tenant-at-will lease which is fine, however she's trying to collect a second set of first/last month's rent on this new lease (i already paid first/last/security with the one-year lease). everyone i've spoken to says it seems unusual and she shouldn't be able to do that since it's now a month-to-month arrangement, but i'm looking for something to back me up before i negotiate with her. if you have links to any MA legal sites dealing with this, so much the better, but any input is valued. She is the landlord, she writes the rules. While I agree it is odd, she has the right to make these requirements in rental agreement. If you already utilized your last months rent (previously paid) you will have to ante up for the new agreement. But if you paid rent as always than your existing last month rent is still deposited so you need not redeposit it. Her decision to change the rental agreement to a month to month basis gives her the option to change the rules (and rent) on a month to month basis too. I suggest that you negotiate her to sign a longer term agreement to protect your own interests. Source(s): I am a Realtor look for the lndlord / tenant act for your state, it ought to be available on line The lease of 12 months is over--ask her for the deposits you have already paid. Return the money to you and show her the receipt that says you paid the amount. NO--you lost the receipt. OH, it is on the lease agreement--right??? Damage deposit is still in play... she cannot recollect a new 1st months, last months and security. all she may ask for is if she raised the rent to ask for the money for last and security to raise it to your new agreed upon rental price. So say your rent is 500 and she raises it to 550. she can ask for 100 bucks to cover last months rent and to add to the security being held in escrow. if u feel like she is trying to get over on u move, u dont need this type of swindling. she has no clue what she is talking about when asking for to resubmit that again. if it is written in the new lease, and you sign it, you would be responsible. generally most landlords don't do that personally, I would question her motives and consult with an attorney (I would also let her know that you are consulting with an attorney, she'll probably change her tune) Look for landlord/tenant laws in your city or county either on-line, or call your city hall and ask for that department. I do not believe she can ask for this all over again if you are now going to be on a month-to-month basis. And, if you are going to re-negotiate another 1 year lease, it would only make sense that she return that last month's rent (with the appropriate paperwork & receipts showing that she returned this to you). A new lease would have to be drawn up showing that she has already been paid the security deposit also. Then, all you would have to do is deposit the check she gives you back (for the last months rent), and re-write her another check for this same last months rent (state what it is for on the memo line showing date extended to). All of these laws vary from state-to-state, but I am sure of ONE THING---she cannot collect for this first/last month rent AGAIN, even if you are now going on a month-to-month basis. For your best protection, speak with an attorney who handles these cases before you negotiate ANYTHING with her. Best of luck to you. |
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