Anonymous

Can A Landlord Charge First & Last Months Rent Plus Deposit?

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Connor Sephton Profile
Connor Sephton answered
It depends on the contract. Many people wonder whether the landlord is able to make any changes in the terms of the tenancy, and if you have a written lease, the first thing you should do is read it to see of your landlord has the right to amend the agreement. This is of course means that every case is individual and it's all down to what you agreed with the landlord in the first place. If you do not have a written lease, however, and your landlord is trying to change the terms of your tenancy, like increasing your rent, then your landlord will have the right to do so. The landlord must, however, ensure that they provide proper notice of these new changes.

So what is proper notice? Tenants that do not have a written lease will have a month to month tenancy. This means that the landlord needs to give at the lease one full month's notice of any changes that are being made, this is often called a 30 day notice. Any changes at all that want to be made must only be made once these 30 days of notice have been provided to the tenant. For instance, if the landlord decides that he or she is no longer paying the gas and electricity bills, then they must tell you before the end of March if he or she wants you to pay for the bills from the beginning of May.

So what if you don't agree to the changes? Your landlord will give you yet another new full month of notice that tells you to move out of the apartment completely, if you do not agree to accommodate the changes the landlord wants to make. Hence, unless you want to lose your home, you are pretty much stuck with the changes that the landlord wants to make.
Anonymous Profile
Anonymous answered
As a landlord it is wise to cover your investment as much as you can.  You can never fully guarantee someone will be integral and honorable.  This is your livelihood on the line and that affects your family.  To say someone is just out to collect as much as possible and their tenants are just pawns is inaccurate and actually pretty rude to good landlords... Of whom there are many.  Everyone is entitled to an opinion and I find it ironic that when one disagrees with an opinion here they are told not to say another is wrong... A good friend of mine took a class in real estate law in Berkley, CA.  They were supposedly taught that landlords could not legally charge first and last and that the deposit could not exceed the rent amount.  According to California law (www.dca.ca.gov they sure can.  That was an expensive class to take for incorrect information, unless the laws just changed.Anyway, hard to get into a new place when landlords can keep your deposit when you could use it for the new place.  Too bad... But they need recourse.
Annie Black Profile
Annie Black answered
Yes, and most do
Anonymous Profile
Anonymous answered
Can a landlord charge first & last month's rent plus a deposit?
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nettie
nettie commented
Kimberlymd you must be one of those landlords that think you should give as much for rent upfront as you would for a down payment to purchase a home, give your answer but don't ever say someone else is wrong, I know there are crooked landlords, do you think there are,or are they all safe and honest,I say if you don't know ask questions,that way you will not have a one sided story....
Anonymous Profile
Anonymous answered
The max they can charge is two times one month's rent. No more.
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Anonymous
Anonymous commented
If furnished, California law states they can charge up to triple the rent. This is sensible to me. Your furnishings are generally worth more than that.
nettie Profile
nettie answered
Yes most do just that,everybody is out to make money any way they can you are just a pawn,since you are not buying the home, they want as much as they can get upfront......good luck  
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Kimberly
Kimberly commented
You are not a pawn and it is not a scheme it is a guarantee that they will not get screwed when you decide to move if you have not destroyed their property then you get your security DEPOSIT back and you use the last months rent to cover your lasts months rent instead of paying it to them if you leave without paying the last months rent they keep it because it is then rightfully theirs also you get these DEPOSITS back with interest in most states
Anonymous Profile
Anonymous answered
In the state of NY can a landlord charge first last and security deposit for a 1 year lease?

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