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Can A Landlord Charge First & Last Month's Rent + Security Deposit?

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15 Answers

Neha Agrawal Profile
Neha Agrawal answered
Yes, a landlord can charge a tenant first and last month's rent as well as a security deposit, however not all landlords choose to do this.

A security deposit is commonly required as it is a way of ensuring that the house or apartment will be cleaned before the tenancy is up. The landlord will expect the property to be left in the same condition that it was when you move in. If the property has been damaged, then the security deposit will not be returned to you as it will be used to fix the damages. In some cases, however, the deposit will be used to pay for the cleaning products and so on that will be needed to clean the property. You need to keep in mind that sometimes a landlord will refuse to pay back the rental deposit using the argument that it is non-refundable. Former tenants seek legal action in an effort to get their deposit back, however to prevent this from happening you should ask the landlord to provide a statement when you move in. This statement should detail what you are being charged for and that it should be paid back subject to possible damage costs.

In addition, once you have decided to move into the property, you should have a look around the place and make note of any poor conditions. You should also consider taking pictures so you have photographic copies of the damages, which you may need to use as evidence if you're refused your deposit back. Also, you should check the heating appliances as well as the air conditioner to make sure they all work. If not then you should inform the landlord so these appliances can be fixed before you move in.
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Anonymous
Anonymous commented
This is not true, it is only proper for a landlord to charge first months and then 1.5 times a months rent for security. I learned first hand. I applied for a 12 month lease within a lux apt complex in NJ . I was told due to my credit report I would only be accepted after paying first last and security. I did so. two months afterward I met a lawyer friend of mine for lunch . For whatever reason my lease came up he chuckled and asked me if I wanted my -security deposit back. He sent the management of my complex a request to return my illegally obtained security deposit because it violated NJ law to requested more then 1.5 times a months rent. regardless of credit. landlords either accept you as a tenet or decline your app based on credit they can not insist you pay more. Any how a week after receiving my letter management sent my funds to my apt along with a letter of apology . I hope this helps anyone looking into renting .
Anonymous Profile
Anonymous answered
Granted this may not be definitive, but I am pretty sure it is an illegal practice to charge and additional months rent be it the second, tenth, or last month.  Just the Security Dep/screening fee which is not refundable.  So if you really want to live there,paying the screening fee is cool.  Otherwise, it will not be refunded once you pay it irregardless of the outcome of the screening....Also, understand that the landlord is contracted out the screening.  It's a cost they too have to pay.  Sometimes, the fee is paid directly to screening service not the apartments.  Good luck with Moving

Muason
Aisha Profile
Aisha answered
The fist month rent and the security is legal but for the last month's rent you need to contact the local authorities and see the tenant rights.
mr turner Profile
mr turner answered
Sad to say but yes but I'm sure you will get your deposit back if you leave it the way you moved in. Also you wouldn't have 2 pay the last months rent if you decided 2 move out. Just make sure you put in your 30 day 2 inform them. And get a receipt that helps a lot at the end
nettie Profile
nettie answered
They can ask for what they want,but is it legal,I would be leary as it is usually first month rent plus sec deposit......good luck on this one
Anonymous Profile
Anonymous answered
In reality, you have not given enough information, but here goes on a guess...your private property, yes you can charge 1st, last month + security deposit. I see it all the time and have had to pay exactly that.  most of the time , last month rent is to cover your butt should your tenant decide to not pay that last month when they notify you they are moving.I have paid into that situation at a large complex ($2,400 to move in)  $800 rent, $800 last month, and $800 security deposit...I took very good care of my place...that was a lot of money. I also paid that to move into a side-by-side duplex w/garage.  I live in a adjoining state to you. I'm sure you are ok with doing the rent this way, your place...you make the rules !
Anonymous Profile
Anonymous answered
Sounds to me like everyone is just guessing. Some of you say yes and some say no. What is legal is the real question. Good luck getting all three anyway in this economy. I would rather keep a place rented by asking for only first and last than to let my property sit for months while other properties are renting.
Seth Simmons Profile
Seth Simmons answered

Yes they charge 2 to 3 months rent in deposit apart from these they also do tenant verification that is quite essential to do for every owner. In most of the country it's a hard and fast rule to do tenant verification.

Mike skinner Profile
Mike skinner answered
Yes that is a very common thing for a landlord, apartment, etc to ask for when a new tennent is moving in.
Aisha Profile
Aisha answered
I don't get the idea about the last month's rent. But you can charge the security deposit which is refundable and first month's rent in advance.
Anonymous Profile
Anonymous answered
No, he can only ask for first and deposit.  The deposit can be up to two months rent but I's usually around one months but depends on how nice the place is.  If it had expensive upgrades, they may ask for the max amount.
Anonymous Profile
Anonymous answered
In Michigan, the last month's rent counts as a security deposit. The security deposit can only be 1.5x a month's rent. Therefore, if you charge a last month's rent, you can only charge an additional 50% of a month's pay, as the security deposit.
Anonymous Profile
Anonymous answered
Yes he can ask for whatever he pleases to ask if he is protecting his property from bad tenants ,you are also protected if something goes terribly wrong

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