Legal Question in Real Estate Law in Arizona

Is it legal for a landlord to accept eight months rent in advance?

When we rented this house from our landlord, we gave him six months in advance rent due to the fact that we were starting a new business. Then a couple of months into the lease we sent him another two months rent. It has been brought to my attention that it may not have been legal for him to accept six months in advance. Is it and what could happen to him? Also, he put in our lease contract that we must stay one month in advance on our payments? Can he do that?


Asked on 1/22/06, 11:18 pm

1 Answer from Attorneys
James Jenkins Jenkins Law Center PLC

Re: Is it legal for a landlord to accept eight months rent in advance?

I fail to understand your question. You paid up front for a lease. That is permitted. Now you want to see if the landlord can be in trouble for doing what you wanted?

We do not know if you have a written lease or not. If so, your lease is governed by your agreement. Are you wanting to cancel or breach your agreement?

Advice that the landlord acted improperly in accepting your payment sounds like it came from what we call in the industry a "garage lawyer;" someone without credentials who gives legal advice to neighbors or others without a proper legal background.

Thanks,

James D. Jenkins

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Answered on 1/23/06, 5:46 am


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