Legal Question in Landlord & Tenant Law in California

1st and Last, just to be sure

I asked if I had to pay the difference between the already paid ''last month's rent'' and my current rent after the landlord raised the rent. You said it wasn't ''last month's rent'' but actually a ''security deposit''.

And here I want to clarify the ''terms'' stated by the landlord.

We never signed a lease (bad idea, I know) so this was the last word on the matter from the landlord;

''Really I don't want a deposit ( just something I have to keep track of) I really just want a honest tenant that looks out for the best interest of the house. I got that impression when I met you. The lease would be a simple form outlining the facts of the rent. Ideally first and last is all that I would like.''

So that's what I paid ''first and last''.

So I ask, just to be certain; this is still a ''security deposit''?

Thanks.


Asked on 11/03/08, 5:02 pm

1 Answer from Attorneys
David Gibbs The Gibbs Law Firm, APC

Re: 1st and Last, just to be sure

Just as I stated in my prior post - you are legally responsible for the difference in rent. To be very technical, you are responsible to pay the full amount of rent due (the increased rent amount) in the last month, and get paid back the deposit amount. What your landlord might expect is a different story - he may only expect the "last month's rent" paid when you moved in, but I doubt it. Call your landlord and ask how he would like to handle the last month's rent - he may insist that you pay it, and then you get reimbursed after you move out (the legally correct manner of handling it), or he may simply ask for the difference, or if you are lucky, he'll say you've already paid the last month's rent. I sincerely doubt he's expecting that you will pay less for the last month than you are presently paying each month, but stranger things have been known to happen.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 11/03/08, 5:20 pm


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