Im going to take over a person apartment lease, I don't have to pay a deposit and the last tenant already paid rent for december.I start to pay rent on jan,1. Problem is they want Jan rent now when i sign the lease, I offer to give them a post-dated check for Jan 1 considering the rent for dec is paid but they don't want a post-dated check or a check they only want a money order. does that make sense?
2006-12-17 03:44:26 · 6 answers · asked by pos 2 in Business & Finance ➔ Renting & Real Estate
Yep....I wouldn't let anyone move in until I received the first month's rent in advance....one the tenant is in....it's frustrating and time consuming to get them out......your rent is the only guarantee that you'll pay.
Don't do a money order......unless it's from a bank....otherwise its' difficult to trace....and get a receipt each and every month.
2006-12-17 05:48:45 · answer #1 · answered by Paula M 5 · 0⤊ 0⤋
Your landlord is the tenant that you are sub-leasing from. It doesn't matter that they've paid the property owner for December, you owe them for the time you are in the apartment including December. They are NOT entitled to January rent until January 1st. Send them a check to arrive on January 1st, and pay them for December when you sign your lease. Your landlord (the tenant with the original lease) can specify the form and place of payment. If they want a money order, give them one.
Frankly, it sounds like you're dealing with a rube who doesn't know the law. I'd find a different place to rent or go to the property owner and see if they will allow you to assume the original lease as a substitute tenant. Most landlords will allow this if you meet their normal requirments. The owner has to approve your sub-lease anyway so normally won't stand in the way of that.
If the owner has not approved the sub-lease, you could be evicted by the owner as an unauthorized occupant. You would have no legal leg to stand on in this case. Verify the property owner's approval of the sub-lease before you hand a dime over to the current tenant. If you don't, you could literally be left out in the cold.
2006-12-17 14:07:39 · answer #2 · answered by Bostonian In MO 7 · 0⤊ 0⤋
As far as I know it is illegal for the landlord to ask the residential tenant to pay the January rent in advance. However, I do not think you should argue with the landlord about it. As you know, the landlord has the right not to sublet the property to you (even if the lease says that subletting is allowed); besides, it is fair for him to ask you to pay the January rent in advance since the security deposit was not yours.
If you really liked the place, borrow money from your parents or friends. Keep a good relationship with your landlord is always the best thing to do.
2006-12-17 13:24:44 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Well first of all does their lease permit the assignment of the lease? Second why would you pay them since the rent is owed to the landlord? What happens to the earnest deposit if the landlord tenant laws require the landlord to give it back to the original owner of that money? Should there not be an assignment of that earnest deposit to you signed by both the former tenant and the landlord?
I hate answering questions with questions but there is just not enough information provided to properly answer your question with just an answer.
Buena Suerte
2006-12-17 11:50:14 · answer #4 · answered by newmexicorealestateforms 6 · 0⤊ 0⤋
You are getting ready to put yourself in a bad fix. Do you know if the lease allow subletting? What do you have to show that this person will pay the rent for the next month? What is your problem why can you not just rent your own apartment?
2006-12-17 11:58:13 · answer #5 · answered by deletmor 1 · 0⤊ 0⤋
Yes, that makes sense.
They want to make sure that you don't move in and skip out on the rent for January.
On the other hand, you want to make sure they don't do something other than pay the January rent.
Talk to them about your concern and work something out.
2006-12-17 13:07:11 · answer #6 · answered by Anonymous · 0⤊ 0⤋