Is my landlord correct?

Status
Not open for further replies.
Graham Piccinini

Graham Piccinini

Joined
Jan 4, 2016
Messages
3,655
Location
Morrow Mountain
Not oil related, but BITOG community shows knowledge on many sides of life, so hopefully someone can help with advice here.

I really would like to avoid the Civil court route if possible.
Here is the dilemma. I'm the tenant. NC laws apply.
- Made a contract to rent a place, made a First & Last month rent deposits, as well as a security deposit. Lived for the full length of the contract and kept making monthly payments including last month. So the initial pre-payment for the Last month was not used by the landlord.
- Before end of the contract above, I renewed for another year, also made payments for all 12 months.
- Before end of the 2nd contract - a 3rd one was started, with a $100 monthly increase. Kept making timely payments.
- Before end of 3rd contract, it was renewed for the 4th one. Then we finally bought a house. So now need to finish contract 3 months early. Per the contract - there is an early termination fee. I asked the Landlord if I can pay the early termination fee, and add $100 (to account for monthly rent increase) to the initially made (in 2019) "Last month" payment that was never used. His reply was that the "last month" payment isn't applicable since I'm not staying the full (4th) term. So I am still responsible for the full last month payment & early termination fee.

Is he correct? I found no supporting info to this. The contract doesn't outline this situation either. Any advice? Should I keep pushing for the pre-paid "Last month" payment to be applied, or just cut my loses? Not digging the idea of a court battle, since he did offer rent to us for almost 4 years, for much lower than the average rent rate locally... Not trying to be the a-hole, but don't want to be taken advantage of either. Welp.
 
Last edited:
Wait so your last months rent is just going in his pocket because the rent went up $100? That's crazy. I'd have expect the additional $100 to come out of the deposit.
 
if you are not willing to go to small claims court and he is not going to budge, move on and forget about it. you may also try some city or govt tenant help , but i have found they work very slowly
 
dogememe said:
Wait so your last months rent is just going in his pocket because the rent went up $100? That's crazy. I'd have expect the additional $100 to come out of the deposit.
Click to expand...
The rent did go up $100. But he's saying that initial pre-paid last month's rent is going in his pocket because I'm ending current lease agreement early. The initial pre-payment of the last months rent happened before the start of the 1st contract, four years ago.

Here is a timeline to (hopefully) simplify this a little.
- 2019-2020 First agreement. (First & Last pre-payment for rent happens here.)
- 2020-2021 Second agreement.
- 2021-2022 Third agreement. (Price goes up $100.)
- 2022-2023 Fourth and current agreement, that I'm trying to end early.
 
Your problem/challenge is that you're ending it early. In many places, you owe all 12 months of a year lease, whether you are there or not.

So, you have made 45 of 48 required payments. Now, if the law in NC is like the law just to the North, you still owe him three more payments, whether you are there or not, and he is keeping the last month and security deposit as a result.

Unless you're military, or there is a clause on early termination of the lease, you likely owe him the money.
 
Landlord is correct.

First and last is the landlords safety net. You are not entitled to first and last at all. That money went into the landlords pocket in 2019.

You are technically lucky your landlord is saving you a month 2 months? of rent when you do not have legal justification for it in the state of NC. Assuming I read your post right, the landlord is having you pay 46 of 48 w/ last month.
 
Last edited:
If the lease agreement has an early termination fee, I'm not sure why he thinks you need to forfeit the last month that you paid. From what you've stated, I think you owe the ETF and $100 and the last month that you already paid should go to your last month living there.
 
dishdude said:
If the lease agreement has an early termination fee, I'm not sure why he thinks you need to forfeit the last month that you paid. From what you've stated, I think you owe the ETF and $100 and the last month that you already paid should go to your last month living there.
Click to expand...

This. The ETF means the renter has an out, vs being responsible for all the rent for the remainder of the lease. It can't go both ways. Then again, I'm not a lawyer, just a random guy with an opinion.
 
Maybe a dumb question - but does the math work for you to pay the termination for a few months? (When I bought my house, I think the lease buyout was 2 months rent.)

I'm guessing money is tight, but you may want to consider staying the whole term, saving the termination fee, and telling the landlord you paid last months rent years ago (assuming it was last month's rent, and not a security deposit). This would also give you an out if your house deal falls through. (I wish I had that option when I bought my first house and it went to dog poo at a 5:00pm closing on a Friday).
 
RhondaHonda said:
Can you post the early termination language section from your lease?
Click to expand...
Landlord is pushing for the last sentence of that paragraph and ignoring my statements that I pre-paid last month's rent already. He's saying that he keeps that pre-payment due to early termination. Yet I don't see these terms in the Early Termination section, or anywhere else in the contract.

20230423_231755_(1).jpg
 
DemoFly said:
Landlord is correct.

First and last is the landlords safety net. You are not entitled to first and last at all. That money went into the landlords pocket in 2019.

You are technically lucky your landlord is saving you a month 2 months? of rent when you do not have legal justification for it in the state of NC. Assuming I read your post right, the landlord is having you pay 46 of 48 w/ last month.
Click to expand...
Part of me agrees with you, but other part doesn't... He got a separate security deposit, aside from First & Last payment. If the Early Termination Fee wasn't there - I'd agree with you. But since ETF is present, then it should end the contract, right? To where the tenant (at Landlord's and Tenant's agreement) is free to walk?
 
dishdude said:
If the lease agreement has an early termination fee, I'm not sure why he thinks you need to forfeit the last month that you paid. From what you've stated, I think you owe the ETF and $100 and the last month that you already paid should go to your last month living there.
Click to expand...
dogememe said:
This. The ETF means the renter has an out, vs being responsible for all the rent for the remainder of the lease. It can't go both ways. Then again, I'm not a lawyer, just a random guy with an opinion.
Click to expand...
Exactly what I'm thinking...
 
Chester11 said:
Maybe a dumb question - but does the math work for you to pay the termination for a few months? (When I bought my house, I think the lease buyout was 2 months rent.)

I'm guessing money is tight, but you may want to consider staying the whole term, saving the termination fee, and telling the landlord you paid last months rent years ago (assuming it was last month's rent, and not a security deposit). This would also give you an out if your house deal falls through. (I wish I had that option when I bought my first house and it went to dog poo at a 5:00pm closing on a Friday).
Click to expand...
The house is already closed on. Just trying to avoid having to pay for the Rental and the House Mortgage at the same time.
 
I would search here. https://www.nccourts.gov/help-topics/housing/landlordtenant-issues

And here - states rental laws: https://www.ncleg.gov/Laws/GeneralStatuteSections/Chapter42

Was the "last month" actually a security deposit. There are usually a bunch of rules on the deposit - like the landlord must hold it in a insured bank account for example. , but my experience is you often don't get your deposit back because slimeball landlords just say you trashed the place, so you have to go to court to get it. What is the specific verbiage on the "last month's rent"? A lot of states no longer allow last month to be collected up front, but they do allow security deposits.

Also, since this renewed, what does the lease specifically state regarding renewal of lease. Typically a year lease doesn't just renew to another year. Usually you either have to sign another piece of paper at minimum which says you agree to a new lease, or you go month to month? I suppose a verbal agreement might suffice in some states, but many states have pretty specific requirements - to ensure tenants aren't abused. Your state might be different so look in the state laws regarding continuation of lease, but again it should be spelled out in the lease.

Again, seek your own legal counsel, I am not an attorney.
 
SC Maintenance said:
I would search here. https://www.nccourts.gov/help-topics/housing/landlordtenant-issues

And here - states rental laws: https://www.ncleg.gov/Laws/GeneralStatuteSections/Chapter42

Was the "last month" actually a security deposit. There are usually a bunch of rules on the deposit - like the landlord must hold it in a insured bank account for example. , but my experience is you often don't get your deposit back because slimeball landlords just say you trashed the place, so you have to go to court to get it. What is the specific verbiage on the "last month's rent"? A lot of states no longer allow last month to be collected up front, but they do allow security deposits.

Also, since this renewed, what does the lease specifically state regarding renewal of lease. Typically a year lease doesn't just renew to another year. Usually you either have to sign another piece of paper at minimum which says you agree to a new lease, or you go month to month? I suppose a verbal agreement might suffice in some states, but many states have pretty specific requirements - to ensure tenants aren't abused. Your state might be different so look in the state laws regarding continuation of lease, but again it should be spelled out in the lease.

Again, seek your own legal counsel, I am not an attorney.
Click to expand...
Well... The "Last Month's payment" was a verbal agreement, since that's the norm locally when renting an apartment. All I got is a banking statement to prove that Landlord cashed that check. It's not anywhere in any of the 4 Lease Agreement Contracts that we made since 2019. Each renewal was a brand new contract for a year. Security deposit is specifically outlined in the contract and was a separate payment.
 
Graham Piccinini said:
Well... The "Last Month's payment" was a verbal agreement, since that's the norm locally when renting an apartment. All I got is a banking statement to prove that Landlord cashed that check. It's not anywhere in any of the 4 Lease Agreement Contracts that we made since 2019. Each renewal was a brand new contract for a year. Security deposit is specifically outlined in the contract and was a separate payment.
Click to expand...

The original lease doesn't say that you paid the last month's rent?
 
Status
Not open for further replies.

Similar threads

OVERKILL
Offshore wind industry in dire straights
2
Replies
26
Views
2K
4WD
D
Sell or keep my rental property
2 3
Replies
55
Views
3K
Dave Hess
53' Stude
Post office is officially a joke
6 7 8
Replies
152
Views
6K
zzyzzx
LDB
Where to invest?
2 3
Replies
41
Views
1K
doitmyself
A
How and when do you pay your property taxes?
2 3 4
Replies
68
Views
3K
John105
Back
Top