As a landlord do I have to return “last month’s rent” if the tenant owes back rent?
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As a landlord do I have to return “last month’s rent” if the tenant owes back rent?
My tenant was required to pay for their last month upon entering the house. Now they owe more then that amount in late rent. Do i have to retun the “last months rent” as stated in the contract?
Asked on June 30, 2009 under Real Estate Law, Oregon
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
I very much doubt it. The contract requires the return of the "last month's rent" received when they moved in, based on the assumption that the last month's rent would actually have been paid when due, or at least when they moved out; in that case, keeping the money would mean you'd gotten paid twice for that month. That's not the situation here.
I'm not an Oregon attorney, and landlord-tenant law does vary from one state to another, and usually it's expensive to make a mistake as the landlord. So it is never a bad idea to check with a lawyer in your area, who can get into the factual details as needed to give you reliable advice. One place to find a lawyer is our website, http://attorneypages.com
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