How does last months rent work when being evicted?

Question

Hello, we are being evicted after a very long time. The landlord has chosen to renovate after all this time, and though we have been good and loyal tenants with the rent always on time, he had the sheriff tape an eviction notice on our door giving us 60 days. In our original agreement, we paid last months rent upfront (it's not actually written in the rental agreement but we have the cancelled checks, which in the memo on the checks it says "last months rent"). The first 30 days are up and the rent is due for the last month. Is it true that if we pay the last months rent and the landlord accepts it, he has to start the eviction process over, and we then have another 30 days (or 60 days) because in reality we have already paid the last month's rent? We are not sure if the landlord recalls that we have already paid the last months rent. Also, the rent we paid upfront is much less than what the rent is now. Hope that is clear. Thanks.

Matt K. · Answer

This sounds more like he's not renewing the lease, not an eviction.

Jennifer T. · Answer

No one can fully answer your question without knowing the city or county/state the rental house is located in.  Landlord/tenant laws vary WIDELY across the country.

First off, a couple terminology things.  It doesn't sound like the landlord is evicting you, they are terminating your lease, ie gave you a notice to vacate.  An eviction is a much uglier thing.  An eviction is after a landlord/PM has filed for an eviction hearing.  Won the case.  And now that eviction is court-ordered.  It happens when someone hasn't paid their rent, but also refuses to leave.  Hasn't complied with a lease provision (after being given notice to comply).  Oooorrrr...been given a Notice To Vacate that they have not complied with ;).  I evicted a tenant last year for this very reason.  But it's important to understand those differences because, as you are filling out rental applications, a typical question is "Have you been evicted?".  Assuming there hasn't been a court date, you can truthfully say/mark, "No."

Also, did you pay last month's rent AND a security deposit?  Or just a security deposit that is equal to last month's rent (from your original rent amount)?  If it's the latter, that is not last month's rent.  That's the security deposit that does not potentially get returned to you, until after you have moved out.  For the purposes of the rest of this discussion, I'll assume you did pay a true last month's rent.

I'm not sure if you would need to make up the difference, if it is not discussed in the lease.  That's a good question for your landlord.  Except it sounds like you are trying to "trick" him into getting 30 more days...ooohh, hopefully 60 more days...by not reminding him about that last month's rent was already paid.  So, the very person who could answer that question for you, you don't want to ask.  Seriously?  I hope I am misunderstanding your intent.

Look, your landlord wants you to leave.  I know finding another place and moving is a pain, but find a new place already.  I can't speak on the legal aspect but, morally, they have already been fair to you on the notice so stop looking for loopholes to be a jerk.  It's their property!  Of course, they should be able to do what they want with it (as long as they abide by landlord/tenant law).  They have already given you a 60-Day Notice to Vacate.  Which, quite frankly, is a generous amount of time.  Some areas require 60 days.  But most areas, including where I live, it's only a 30-Day Notice.  It might only be 30 days where you are too, but your landlord was nice enough to give you extra time because you are a long-term tenant.

Theresa Harris · Answer

If you're up to date on your rent, he should have simply given you notice to move rather than an eviction.  Did you also give him a damage deposit?  If so, then the last month's rent, should go towards the rent.  Call and ask him (or ask the sheriff) and get it in writing.

Wyatt Franta · Answer

Hi John,

When you pay your "First & Last" month's rent when you initially move into a rental, that last month's rent is treated as a security deposit. Depending on where you live, your rental contract should also state this.

The last month/security deposit goes toward renovating the property (exact renovations may vary state to state) If there is a balance remaining after renovations, you will receive that amount back.

That money is not considered paid-in-advance rent.

I am so sorry for your eviction, usually, landlords handle situations like this much better.

How does last months rent work when being evicted?

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