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  1. #1
    Join Date
    Aug 2018
    Posts
    1

    Default Rent Was Increased but I Have Already Paid "Last Month's Rent"

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

    I was wondering if you could kindly help me. I’ve been living in the same apartment in Los Angeles for almost 25 years. I will be giving notice on September 1st to vacate the apartment since I will be moving to the East Coast.

    When I first entered the apartment about 25 years ago, I was required to pay (a) first month’s rent ($1,200) (b) last month’s rent ($1,200), and (c) a security deposit equivalent to one month’s rent ($1,200). The rent for the apartment in 1993 when I moved into the unit was $1,200. However, the rent for the unit is now $2,400 per month.

    Since I originally paid the last month’s rent ($1,200) back in 1993, can I claim that the landlord has already been paid for the last month and that I owe no money for the last month? Or would I have to pay the difference in rent from the current rent amount ($2,400) and the amount I originally paid in 1993 ($1,200)? In other words, would I have to pay $1,200?

    Any assistance you could provide would be deeply appreciated. Thank you very much for your kind attention, time and help!

  2. #2
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Rent Was Increased but I Have Already Paid "Last Month's Rent"

    You likely owe it. But there are errors the LL may have made that will work in your favor. I suggest you read the responses you have gotten in another legal forum you posted to.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Rent Was Increased but I Have Already Paid "Last Month's Rent"

    If your lease agreement clearly states that you prepaid last month's rent for the final month of your tenancy, then your landlord should credit you as having paid the full last month's rent based upon your $1,200 prepayment from @25 years ago.

    Do you have the documentation from back when you paid the last month's rent? Have you asked your landlord if they are abiding by that prepayment, such that they will not be asking for a greater payment for your last month of tenancy? If your landlord concurs that you have prepaid your full last month's rent then this won't be an issue. But with the passage of time, there will be potential issues of memory, documentation, and changes in management that could complicate the resolution.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Rent Was Increased but I Have Already Paid "Last Month's Rent"

    What is important is how the lease defines the payment. If it in fact does list a $1200 security deposit and a last months rent payment in the amount of $1200, then op has paid for his last month there already. Suggesting the lease states something contrary to what the op states without reading it is suggesting you are omniscient. I’m pretty confident in saying that would not be true.

    leases requiring a first and last months rent plus a security deposit are not at all uncommon

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