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almost 5 years ago
I have 4 tenants in one building. Their lease is up on June 30th, 2017. 3 of them want to renew, the other is moving out on June 30th. On July 1st, 2017, my father (the former owner) collected "first and last months rent and a deposit" from them even though the lease states rent and security deposit. This was not explained to them, and they are now claiming that they don't owe rent for June. (last month's rent). Is this correct? My lawyer has stated that I should collect anyway, because the lease is a legal and binding document which I understand, but she is going to turn around and tell me that isn't what she agreed to upon signing with my dad. in addition, with the one who is vacating, I assume she owes rent as well, and would only get her security deposit" back upon vacating? This is all somewhat new to me as my mother passed and left this to me. I appreciate your help. Thank you.
almost 5 years ago
OK, This sounds a little different from your other post. Did they pay two or three months worth when they moved in? "first and last months rent and a deposit" sounds like 3 months unless you mean "first and last months/or deposit" then two months. If three months then June 2018 is paid. If they paid two month worth at move-in and you are just disagreeing on whether the second month worth is for the last months rent or the deposit. I'd go this route let them use it as last months rent. But get the three that are staying to sign a new lease as soon as possible in the new lease specify that they need to give you a security deposit collect the deposit from them when the new lease is signed, make sure that you include the following to keep this from happening again: D. Under no circumstance can the Security Deposit be used as payment for rent and/or other charges due during the term of this Lease Agreement. Have them initial after this line.
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