Legal Question in Real Estate Law in Washington
Last month's rent paid in advance
We have been tenants in a rental for 12 years on a year-to-year lease basis. As stated in our written lease, original and current, the last month's rent of $800 has been received. Our rent has since increased by $400. Our landlord claims that the $800 will be applied towards the last month rent at the current rental rate of $1,200. The current lease clearly states that ''the last month's rent of $800 has been received.'' Do we have an obligation to pay the $400 difference of the original rent and the current rent?
1 Answer from Attorneys
Re: Last month's rent paid in advance
Interesting question, but I can't see you winning this one.
First, does your contract allow the landlord to raise rent? (Your acceptance of the increase suggests it does.) If so, the term "last month's rent" would most likely be read to include any increase in the amount as well.
Second, what would the common sense understanding have been at the time of the contract had the issue been raised then? You would have certainly agreed.
Third, what would you have done if they had asked you at the outset for $1,200 as the last month's rent when your rent was only $800?
Fourth, aren't you really trying to get something for nothing?
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