Double Paid Last Month's Rent

**Purplelady** · 05-02-2012, 05:47 PM

My question involves landlord-tenant law in the State of: Florida

Hello all. My story/question is as follows: I already paid my last month's rent when I moved in to my home in June 2011. My lease expires on June 1, 2012 but today, 5/2/12, my landlord called and said she could not renew my lease and is actually giving me until July 1st, 2012, if needed, to vacate the house. Last week, on April 27th, 2011 I sent her the rent check for May 2012 not knowing it would probably be my last month here. I plan on moving out by June 1st, if possible, making May 2012 my last month but since I already paid my last month's rent in 2011 upon moving in can my landlord keep the May 2012 rent I just sent her? She cashed the check yesterday. Thank you.

**Mr. Knowitall** · 05-04-2012, 12:43 AM

I have no access to your lease, and thus don't know if it includes provisions for automatic renewal. Check and see what it says - and if it does automatically renew how much notice you are to provide that you're moving out. If you are stating that your landlord has no problem with your ending the lease at the end of its one-year term, but will let you rent for an additional month if you wish, then that's not an issue.

Your landlord can keep the rent you paid for now, but if you do move out on June 1 (assuming the landlord agrees you have the right to do so) you would be entitled to the refund of any rent overpayment and your security deposit, less any damages (assuming that's an issue).

**Purplelady** · 05-04-2012, 08:44 AM

Thanks Mr. Knowitall. There is no provision in my lease for an automatic renewal and no clauses regarding notice to be given. It simply states that is ends on June 1st 2012; no notice clauses at all. We had anticipated being able to renew the lease as she mentioned doing this a few weeks back so when the end of April rolled around we mailed her our rent check for May. Then she calls a couple days later and tells us she can't renew the lease and as a courtesy because she felt bad was going to allow us until July 1st, if needed. If we do need to stay until July 1st we do understand that she is entitled to the May rent check we sent her but if we leave by June 1st, what I understand you to say, is that she has to pay back May's rent we sent her because we have already paid her our last month's rent.

**Mr. Knowitall** · 05-04-2012, 08:51 AM

You can ask her to refund the money earlier, as you're moving June 1 and she has already received rent for May. She may agree.

**Purplelady** · 05-07-2012, 02:58 PM

Mr. Knowitall,

I have had some people tell me that because our landlord dated our lease to expire on June 1st (the first day of the month) that she can keep the rent we double paid for the last month of our tenancy (May) as rent payment for May since we were occupying the house AND keep our last month's rent that we prepaid upon moving in as rent for the entire month of June even though we have to be out on June 1st, the expiration of the lease. Is this true?

**Mr. Knowitall** · 05-07-2012, 05:56 PM

I still cannot see the lease from where I'm sitting, but quite obviously if the lease ends on June 1 there would not be rent due through June 30.

**Purplelady** · 05-08-2012, 05:19 AM

Mr. Knowitall, I understand that you can't view my lease and I certainly appreciate your taking the time to answer my questions. I just wanted to make sure I had all my bases covered as I have dealt with some landlords whose behavior can be a bit distasteful when it comes to moving out. I got a little worried when I realized that the lease terminates on a date that is also a rent due date but I understand what you are saying. If the lease ends on June 1st then she is not entitled to any rent for the month of June and can't keep our last month's rent as payment for June. With May being our last month it would be applied to May's rent. I did speak to the landlord Sunday evening in regards to reimbursement of the $1,000.00 we sent her for May's rent and asked when she might be able to get that back to us since we already prepaid our last month's rent upon moving in. She is supposed to call me this week and let me know. Is my assumption and translation of what you said correct? Thank you.