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I paid first and last month rent.

Tacoma, WA |

If I give notice to move, do I have to pay for that month or can I just use the rent I already paid for the last month when I moved in?

Attorney Answers 3

Posted

Read your lease agreement. It will tell you what you can do with your security deposit. You haven't given enough information, but my guess is that you cannot use the security deposit for your rent.

If you have been a good tenant, even if the lease doesn’t say that you can use one of the month's security as rent, ask your landlord. Maybe they will be happy that you have been a good tenant, know that you have properly cared for their property, paid all of your rent on time, and realize that you need the cash for your next security deposit, then again, maybe not. Good luck.

IF YOU FOUND THIS ANSWER HELPFUL PLEASE MARK IT SO. The answers provided by R. Russell O’Rourke, Attorney-at-Law as a free informational service only. Without thoroughly reviewing your case neither I nor any other attorney can give you a complete answer upon which you could or should rely. Your reading of this or any of my answers does not create an attorney client relationship between us. Legal cases are often very fact specific and need a qualified attorney to properly review ALL of your materials and fully discuss your case with you before you decide the right course of action to take. YOU SHOULD CONSULT WITH AN ATTORNEY IN PERSON who has specific expertise in the area of law you are asking about.

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5 comments

Asker

Posted

It isn't a security deposit. I paid a seperate cleaning fee, which is non-refundable. I also paid 1st and last month rent.

R. Russell O'Rourke

R. Russell O'Rourke

Posted

WOW, looks like this must have been a nice place to get you to pay all that. Generally, my answer is still the same, read the lease. My argument would be that if your 1st and last month's deposit is security for the payment of rent and the return of the rental in good condition that you have already paid the rent, so, they should release that part. The lease will tell you your rights, but the landlord may be nice anyway.

Asker

Posted

It's a dump! But, I've kept it up and improved on it.

R. Russell O'Rourke

R. Russell O'Rourke

Posted

Sounds like its time to move on. Take lots of pictures before you move out, hopefully you took them when you moved in. This landlord sounds like they are going to try to get every penny from you.

Asker

Posted

I'm sure you are correct there. Thank you.

Posted

I would agree, the answer to your question will depend upon what your lease says. The simple solution here would be to talk to your manager or landlord and ask them if you need to pay the last month since you paid it already. If they agree with you that it does not need to be paid, ask for a receipt or statement confirming this to protect yourself.

Under Washington law, RCW 59.18.253, any amounts charged to you as fees or deposits to secure your occupancy must be credited to your 1st month's rent when you move in, or to your security deposit to secure your performance of the agreement. RCW 59.18.260 provides that if any portion is to be nonrefundable, the lease may specify which portion. It sounds like your lease does that.

If this isn't a security deposit as you mention, and your lease states the same, then you should get the credit toward your rent and should not have to pay the last month's rent as the credit balance would have to naturally carry over to the final month. Your lease will be the key to answering your question with any certainty, however.

The foregoing is offered as general information only, and does not constitute legal advice. Please be advised you should consult a lawyer for advice specific to your situation.The foregoing should not be construed to establish an attorney client relationship.

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Posted

There are not ehough facts provided to properly answer this question. Is it a lease for a specific term, or month to month? If it is for a term, has the term expired? The answers to these two questions ,, and reading the lease, will determine the answer to the question.

Talking to your landlord might be helpful, but if you don't like the answer don't take it as gospel. Consult an attorney first.

There is no attorney client relationship between the persons who asked and answered this question. You should always consult an attorney for specific legal advice.

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