I paid first and last month rent.

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?

Tacoma, WA -

Attorney Answers (3)

Joseph T G Harper

Joseph T G Harper

Landlord / Tenant Lawyer - Tacoma, WA

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... more
Peter Jay Visser

Peter Jay Visser

Real Estate Attorney - Lynden, WA

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... more
R. Russell O'Rourke

R. Russell O'Rourke

Construction / Development Lawyer - Cleveland, OH

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... more

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