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  1. #1
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    Default What Rent Amount Should a Landlord State on a Notice to Pay or Vacate

    If a landlord is completing a pay-or-quit notice to a tenant, and the tenant paid first and last month's rent when moving into an apartment, does the landlord state the full amount of rent due or should the landlord deduct from the demand the amount prepaid as the last month's rent?

  2. #2
    Join Date
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    Default Re: What Rent Amount Should a Landlord State on a Notice to Pay or Vacate

    The amount to state on the notice will depend on the facts.

    If the tenant is moving out at the end of a one-year lease, and does not pay rent in month 11, then the notice would claim rent owed for month 11. Month 12 is prepaid, and thus not owed.

    If the tenant stops paying rent in month 7 of a one-year lease, then the landlord would properly state the full amount of rent due at the point of filing -- so if the case is filed in month 8 of the lease, the amount demanded would be two months rent. The tenant may be able to claim credit for the prepaid month if they are evicted, but they must pay both months rent to get back into good standing. The same is true for a month-to-month lease -- because rent must be paid in full for the tenant to get back into good standing.

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