Can a landlord request advanced rent?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can a landlord request advanced rent?

I am considering renting a condo and the landlord has asked that I sign the lease with a move-in date of the 20th of this month. She will prorate this month’s rent and has asked for this month’s prorated rent, the security deposit and next month’s rent upon signing the lease. I’m uncomfortable paying net month’s rent before the 1st. Can the landlord require this?

Asked on May 14, 2012 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Generally speaking, a landlord can requiest security and first and last month's rent.  In California, however, advance rent is considered to be part of the security deposit and works a bit diferently.  I would contact the Department of Consumer Affairs for a full explanation of the laws.  Good luck. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption