Can a Landlord Require the Last Month's Rent Without Notice?

Although landlord-tenant law varies by state, generally speaking, when you rent an apartment, your landlord often requires you to pay the last month's rent in advance as part of your security deposit. This deposit covers a month's rent if you should move out suddenly without paying your rent. Some landlords use this deposit to cover your final month of rent after either party terminates the rental contract. You and your landlord must communicate about how the rental deposit is to be used; neither party can simply expect the other to use the last month's rent instead of paying rent during the last month of tenancy.

Termination

    If the landlord decides to terminate your lease, he must give you notice -- usually 30 or 60 days notice, depending on the lease terms and laws in your state. You must pay your last month's rent and then move out by the date specified on the notice. A landlord can't demand that you give him your last month's rent and leave immediately. If you don't pay your rent, your landlord can give you a three-day notice stating that he will begin eviction procedures if you don't pay within three days.

Security Deposit

    Some landlords collect "last month's rent" along with the security deposit when you move into an apartment. If a landlord collects the last month's rent, then you don't have to pay rent the last month you live there as long as you have given your notice -- you already paid it when you moved in. However, if the lease labels your entire payment as a security deposit, you have to pay your last month's rent because you haven't paid it up front.

Raising Rent

    If you pay the last month's rent when you move in and your landlord raises the rent afterward, you must pay the difference during your last month of tenancy. For example, if you paid $625 for your last month's rent and the landlord then raises your rent to $700, you must pay $75 during your last month in the apartment.

Use of Last Month's Rent

    If you plan to use your pre-payment to cover your last month's rent, you must get your landlord's approval ahead of time. Even though you paid the last month's rent in advance, your landlord doesn't have to use it in lieu of payment and can start eviction proceedings if you don't pay your rent. Similarly, your landlord can't require you to use your deposit to cover your last month's rent rather than accepting a new payment if he gives you a termination notice.



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