Thabo asks:
My landlord included an up-front "last month's rent" payment in my lease agreement. According to the lease, I had to pay two months rent in advance before moving into my flat. I understood this "last month's rent" payment to mean that I would not have to pay rent for the last month of my stay in the flat, which would co-incide with the one month notice period required to terminate the lease.
But when I recently gave notice that I would be moving, the landlord wanted me to pay the last month's rent AGAIN! He said that the double rent payment at the beginning of the lease was a deposit, and that it would be refunded once an inspection of the property revealed no damages that could be attributed to my tenancy.
I dissagree with this. I feel that the lease should have required a "deposit" rather than a "last month's rent" payment, if this was the intention. But because it was labelled as a "last month's rent" payment, I expect it to be honoured as just that - My last month's rent!
I feel that requiring me to pay the last month's rent twice should not allowed.
Who is in the right here?
Dear Thabo,
I reckon that you are correct in expecting the lease agreement to be interpreted and implemented at face value.
If the original "last month's rent" payment was specifically designated as "last month's rent" in the rental or lease agreement, that is exactly what it is and how it should be treated. If the landlord required a security deposit, the lease should have made provision for that.
If the rental or lease agreement required the last month's rent to be paid at the beginning of the tennancy, and if it was actually paid, it cannot be collected again. However, if the amount that was originally collected from you was not specified as the rent payment for the last month, then it will not necissarily be considered the last month's rent. In this case, you should pay rent for the last month you occupy the property.
Point out to the landlord that the lease agreement does not support the implementation he suggests. And if necessary, take your agreement and receipts to an attorney for a professional legal opinion.
The other option you have is to take your complaint to the Rental Housing Tribunal for your province. Unfortunately, this course of action might take some time.
Landlords should take note: Make sure that your rental and lease ageements say what you mean. To avoid misunderstandings about monies paid at the beginning of a tenancy, lanlords should clearly define (in writing) what the intention for the payment is.
