Last months rent vs.

Last months rent vs. subsequent rent increases
I rented a house on Sept. 22, 1994 on a month to month written lease. The rent was $1550.00/Mo. with a proviso that if rent was received prior to or on the due date, the amount would be reduced by $100.00. The original lease states that I paid $6300.00 to cover ”security deposit, pet deposit, cleaning deposit and key deposit”. Since this time, the rent has been increased twice and I am now paying $2050.00/Mo. I was given sixty (60) day notice to move on Dec. 1, 2003. Am I legally bound to pay the difference between the original monthly rent ($1450.00) and the current amount ($2050.00) as my landlord is requesting? It was a mutual understanding that $1450.00 of the original $6350.00 included last months’ rent as evidenced by the fact that the landlord is trying to collect the difference before we move out. Do I owe legally owe this balance? If not, is the original $1450.00 considered payment in full for last months’ rent?
Thank you for your time and assistance.

2 thoughts on “Last months rent vs.

  1. Re: Last months rent vs. subsequent rent increases
    On a month to month rental agreement (not a lease) the landlord can increase the rent by 10% with a 30 day written notice. If a rent increase is more than 10%, it requires a 60 day written notice.

    The $1450 showing as last months rent is a security only. You are responsible for the actual amount of the current rental amount when the tenancy is terminated.

    Ken Koenen
    Koenen & Tokunaga, P.C.
    5776 Stoneridge Mall Rd., Suite 350
    Pleasanton, CA 94588

  2. Re: Last months rent vs. subsequent rent increases
    The landlord can increase the rent on a month-to-month lease. Since the written lease calls the deposit a “security deposit” etc. and not “last month’s rent,” you owe the full, increased rent.

    Martin Snitow
    Martin S. Snitow Law Corporation
    PO Box 90278
    San Jose, CA 95109-3278

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