Would you sue your landlord in court for $800 if you find a loophole in the law, even if you know the contract says the $800 is non-refundable?

[웃 910]

**Please leave in OT.**It won't hurt you.**It won't hurt OT.**

Situation: You are looking for a house to rent for 1 year. You find a house for $800 per month. You meet with the landlord and he makes it crystal clear that to get the house you pay the first months rent and the last months rent in advance. He tells you this is not a deposit that you get back. Ever. He asks "Do you understand that you are paying for the last months rent today? You will not see this money ever again. The $800 you just gave me means that you do not pay your last months rent. Again, you do not ever get this back. Is this understood?" You verbally agree and then you sign a contract that the landlord wrote which states precisely what you just verbally agreed to.

Do you try to take the landlord to court over $800 when your lease expires. Does the thought even cross your mind?

PS: There is no difference between:

1) Paying $800 for the last months rent but the landlord handing it right back to you the same day

2) Not paying the last months $800 rent

^^^Both equal 0....Both imply that the $800 "deposit" paid the day you signed the lease have been redistributed back to you, the tenant^^^

Edited November 7, 2010 by Lord Infamous

[^_^ 5,021]

No. I will be a low life rotten scumbag to a person only if he or she is one to me first.

[NigeriaorBust 4,087]

If the tenet moved at the end of the lease and the landlord accepted payment for month 12 then the landlord improperly collected and I would sue him for the improperly collected month 12. The landlord is entitled to 800 a month and is not entitled to 1600 for the last month. The return of the amount overpaid for month 12 is a no brainer legally . You just have to go after the tended amount for month 12 not the prepaid amount .

[^_^ 5,021]

Who the heck is the tenet?

[john & jean 37]

Who the heck is the tenet?

Bin Laden followers

[웃 910]

If the tenet moved at the end of the lease and the landlord accepted payment for month 12 then the landlord improperly collected and I would sue him for the improperly collected month 12. The landlord is entitled to 800 a month and is not entitled to 1600 for the last month. The return of the amount overpaid for month 12 is a no brainer legally . You just have to go after the tended amount for month 12 not the prepaid amount .

I believe you misread the paragraph.

Tenant pays for month 12 ($800) the day they move in therefore 12 months later they pay $0 for month 12.

[Hilarious Clinton 452]

I believe you misread the paragraph.

Tenant pays for month 12 ($800) the day they move in therefore 12 months later they pay $0 for month 12.

It seems pretty clear to me. I've seen first, last PLUS a deposit on Long Island. First and last is rent and the deposit is for damages.

I think the problem is that people are getting stupider and stupider.

[웃 910]

It seems pretty clear to me. I've seen first, last PLUS a deposit on Long Island. First and last is rent and the deposit is for damages.

I think the problem is that people are getting stupider and stupider.

A++++ Someone gets it!!

I could have and maybe even should have done that (first rent, last rent, PLUS $250 DEPOSIT). But when it comes to rental properties I am not a deposit type of guy. I very much dislike the day the person leaves when I have to return the deposit. I already pay taxes and those are bad enough! Because of the bad contract the first time around (see page 1 about first tenant) I will have to fork over $500 on the 12th and it sucks (but I do get to keep a fridge/washer/dryer/stove that THEY BOUGHT and the new tenants first/last rent payments make up for the $500 I lose).

[SMR 368]

**Please leave in OT.**It won't hurt you.**It won't hurt OT.**

Situation: You are looking for a house to rent for 1 year. You find a house for $800 per month. You meet with the landlord and he makes it crystal clear that to get the house you pay the first months rent and the last months rent in advance. He tells you this is not a deposit that you get back. Ever. He asks "Do you understand that you are paying for the last months rent today? You will not see this money ever again. The $800 you just gave me means that you do not pay your last months rent. Again, you do not ever get this back. Is this understood?" You verbally agree and then you sign a contract that the landlord wrote which states precisely what you just verbally agreed to.

Do you try to take the landlord to court over $800 when your lease expires. Does the thought even cross your mind?

PS: There is no difference between:

1) Paying $800 for the last months rent but the landlord handing it right back to you the same day

2) Not paying the last months $800 rent

^^^Both equal 0....Both imply that the $800 "deposit" paid the day you signed the lease have been redistributed back to you, the tenant^^^

I agree that this boggles my mind a little. Whether the $800 paid at signing was a "deposit" or the last months rent, it stands to reason that the total due for the 12 months at $800 per month is $9600. I mean, if they lived there for 12 months, even if they thought it was a deposit, they would still be on the hook for $9600 total. So if the tenet really wants the "deposit" back, the landlord should just say that he will return the "deposit" once 12 months of rent has been paid. I have never heard of a landlord that will return the deposit if rent is still owed.

If the tenet is trying to break the lease early, unless there is a clause in the lease that specifies the conditions for this, the tenet will still be on the hook for $9600 unless an agreement can be reached with the landlord. Until that rent has been paid in full, no refund of any deposit, whether or not such exists, would be expected.