first and last months rent

[adrian_turtle]

When I moved into this apartment, I paid first and last month's rent to the landlord, and a realtor fee equal to another month of rent. ("Is there a security deposit?" "No, this landlord just wants first and last month's rent.") As February will be my last month living here, I thought February rent had been pre-paid

Comments

[sovay]

I'm looking for a new apartment, and concerned about this guy being a reference for future landlords. Even though the most critical information he is likely to give a future landlord is that I can be bullied.

Does the lease include mention of a security deposit? If it doesn't, Antonio has nothing against you. I very well remember that we paid him first and last and the equivalent finder's fee to Len: no deposit. Antonio already has his money for the month of February if you're moving. I'm not at all surprised that he's trying to pull this stunt, but I am sorry.

[adrian_turtle]

The lease does not mention security deposit OR last month's rent. I don't know where such things would be recorded, if they are recorded. I had the lease on the table when he was here shouting at me, but caved anyhow. It's embarrassing. It took him less than an hour.

[juliansinger]

In my lexicon, which is I believe the accepted one around the Boston area, "first month and last month" means, in fact, first month and last month. If they want a deposit, then it's called a deposit. (So you are not insane.)

The question of whether he can force funds out of you is a separate issue, though I would hope not, and actually, that'd be something quite legally actionable. (Not that you have the money to deal with the judicial system, but.)

[the_smith_e]

Very sorry to hear that.

[mrf_arch]

"Last months rent" is not the same as "security deposit". Were the funds properly deposited in an escrow account? Were you given the account information?

The law in Massachusetts is pretty tenant-friendly. You may wish to remind the landlord of the various legalities that he does not appear to be familiar with

[adrian_turtle]

He shouted at me until I caved and paid him what he insisted was February rent. (Yeah, it was a dumb mistake.) Now I'm wondering if I have any recourse.

I managed to lay hands on a copy of the lease while he was here scolding me, and it didn't mention that last month's lease was already paid at signing. That was enough to cast doubt on my memory and let him convince me it was a security deposit. Only the lease doesn't mention any security deposit EITHER. So the big question now is whether he can be compelled to return the money.

[sovay]

Only the lease doesn't mention any security deposit EITHER. So the big question now is whether he can be compelled to return the money.

On 15 February 2013, I wrote a check to Benoit Real State for the equivalent of a month's rent. On 22 February 2013, I wrote a check to you for half first's month's rent and half last month's rent minus half of the finder's fee to Benoit Real Estate. If we had paid a deposit to Antonio at that time, it would have been recorded in the transaction. Would you like me to summon the requisite paperwork from Citizens Bank?

Where was your housemate at this time?

[adrian_turtle]

I really appreciate having your memory back mine up. The notes in my checkbook just indicate how much I paid him, and when, and don't say whether the money was for security deposit or future rent or what. I don't know how the bank records (either Citizens, or my credit union) could prove it was a deposit.

Where was your housemate at this time?Probably at his office at Tufts. He gets home late Monday nights. Last week, he was about to write a check for February rent, and I explained that February rent was already paid because it was the last month before we moved out. (He had misremembered it as a security deposit arrangement.) So when I paid the landlord this afternoon, I thought K. could just write me a check tomorrow for his share