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last months rent new law

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last months rent new law

Postby Alfredo » Wed May 31, 2023 9:43 am

Taking into consideration that there is a new law stating that landlords cannot charge
for last month's rent in advance (in addition to one month's rent as a security deposit):

- If you are already renting an apartment with a year to year lease, and you already paid for
last month's rent (because when you started renting the apartment it was legal for the landlord to ask for it), is the landlord now required to return it to you?

- If you are already renting an apartment with a year to year lease, and you already paid for
last month's rent (because when you started renting the apartment it was legal for the landlord to ask for it), is it legal for the landlord to ask you to add to it each year when the rent is raised?
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Re: last months rent new law

Postby TenantNet » Wed May 31, 2023 9:52 am

Are you rent stabilized?
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Re: last months rent new law

Postby Alfredo » Wed May 31, 2023 8:16 pm

No, I'm not rent stabilized.
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Re: last months rent new law

Postby TenantNet » Wed May 31, 2023 8:39 pm

The "new" law is not so new - it's 4 years old.

See this link and download Part 1 See page 13 (44)

viewtopic.php?f=5&t=13981

The old law
Rent-stabilized tenants were not required to deposit or advance more than 1 month’s rent as security deposit; no limits on security deposits or pre-paid rent for market tenants.

The 2019 law
• Tenants in rent-stabilized and unregulated units may not be required
to deposit more than 1 month’s rent as security deposit.
• Abolishes pre-paid rent advances. No more first and last month’s rent
accepted or required at beginning of tenancy.

I'm not aware of any court case that addresses your specific question. And the document doesn't look that deep either. I would ask the LL and see what he says. You could try to force the issue by withholding the extra amount, but you would take the risk of being hauled into court, and not being RS, the LL could refuse to renew your lease, so be warned about that.

If you were RS, I'd go for it.

I would seriously consider the withholding if you are planning to move (after you arranged for a new place) in order to recover the over-payment. Some tenants even do that to recover the legal deposit as well. The LL could still come after you for any real damages, but at least you would have the money. That is not legal advice.
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Information from TenantNet is from experienced non-attorney tenant
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Re: last months rent new law

Postby Alfredo » Wed Jun 07, 2023 10:58 am

Thanks for all your info and advice!
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Joined: Wed May 31, 2023 9:27 am


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