First Month Free Rent

[ARE]

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

my apartment lease began 10/15/09 and states: Lessee agrees to pay rent to lessor in advance, at the office of the lessor (the rental office), or at such other place as may be designated by lessor, as follows:

A. $199.00 for the period 10/15/09 through 10/31/09 for the first month's rent, payable upon occupancy.

B. $575.00 for the period 11/01/09 through 11/30/09 for the second month's rent, payable on 11/30/09.

C. rental due date: due and payable without offset or demand on the first day of each month during the terms of the lease "lessee" agrees to pay "lessor" at managers office. Lessee agrees to prorate rent in order that rental payments fall on the first day of each month.





so my question is am i soppossed to pay on 11/30 for second month and then on 12/1 for third month or am i really getting 1 month free??

[LawResearcherMissy]

Looks like a typo to me - the lease states rental payments are due on the first, so your rent would be due 11/1, 12/1, etc.

Did you bring this up with your rental office?

[ARE]

Actually they sent me a letter giving me 5 days to pay rent or quit. They stated they made a mistake so i now have to pay rent on the 30th and again on the 1st.

That the girl said 1st month free because thats how she understood. So i said that the reason i signed the lease was because of the free month so i guess we both made mistakes.. They told me "regardless that we made the mistake, you still owe the rent plus late fees"

what should i do?? Speak to someone else or pay it?

[LawResearcherMissy]

Usually, such "free rent" specials are specifically mentioned in the lease or are otherwise in writing. I see no mention. What I see is a typo that ought to have been addressed, instead of assuming that it meant free rent.

Your options, now that you have a 5 day notice to pay or quit are to either pay or be evicted.

[Mr. Knowitall]

How is it that you have a 5 day notice if everybody's in agreement that your second month's rent payment isn't due until 11/30? Or are they claiming it was in fact due on the first?

[LawResearcherMissy]

It looks to me like it was actually due on the first.

[ARE]

I am very confused myself because when i came to turn in my application i spoke to one lady who signed the agreement. When i came to sign the lease agreement a younger girl was the one who went over the lease agreement and explained everything & made me initial every page and one of the initials is next to the date 11-30-09. She told me that the first month was free so that i paid till then. I asked that if thats why my 6 month lease was from october 15 to may 31 2010 she said yes! You are paying 6 full months.

[Mr. Knowitall]

It looks to me like it was actually due on the first.

Generally speaking, a specific clause (e.g., "rent for the month of November is due on November 30") trumps a general clause (e.g., "rent is due on the first of the month"). Apparently the landlord is regarding this as a clerical error, but the clause itself isn't ambiguous.

[ARE]

How is it that you have a 5 day notice if everybody's in agreement that your second month's rent payment isn't due until 11/30? Or are they claiming it was in fact due on the first?

I am very confused myself because when i came to turn in my application i spoke to one lady who signed the agreement. When i came to sign the lease agreement a younger girl was the one who went over the lease agreement and explained everything & made me initial every page and one of the initials is next to the date 11-30-09. She told me that the first month was free so that i paid till then. I asked that if thats why my 6 month lease was from october 15 to may 31 2010 she said yes! You are paying 6 full months.

[mistfuzz]

Are they filing for possesion, amount dues or both?
you have two options. Show up in court with your money and a copy of your lease. Show the judge the lease but I can tell you something.
If you are concern about your credit PAY NOW and don't let them take you to court. If your rent is due on the first you have to pay November on the 30th and December on the 1st. Simple as that. We make mistake as anyone else but the way I see it YOU OWE NOVEMBER AND DECEMBER