This contribution, while instructive, is a bit obscure to me. I`m a simple man. If I rent a property for a landlord, my typical client will ask for the rent of the first and last month plus one more month in the form of a deposit. I have read and read the article and I am not sure it is “legal.” In particular, is rent recovery at the beginning of the month (unlike late payment) considered a “down payment”? In the above scenario, I think there were three problems. First, there are laws that require that real estate forms, including leases, apply in plain language. The second problem is excessive payments. I am aware that if landlords apply for two months` deposit after the first year, they are required to return a month`s security to the tenant. What amazes me is that a landlord cannot maintain last month`s rent and security, since according to this section, the court finds that last month`s rent is interpreted as the second month of security. My concern is that in every rental situation with which I personally dealt and that I managed a rental property in my experience, before acquiring my real estate license (as a POA for landlords who have been laundered): In virtually all cases, tenants still want to use their deposit instead of last month`s rent. I always warn owners not to allow this practice. But the problem is that if tenants break the lease of their last month by refusing to pay the rent and apply their deposit as a rent payment, then there is no longer a deposit, no protection for the landlord, if the tenants damage the property. My interpretation, which is clearly not the Interpretation of the Court, is that last month`s rent is a guarantee for the payment of last month`s rent and that the surety is a surety.
Both are advances, but have two different functions. A few years ago, I listed property in the art museum section of the city. It was a high-end apartment. The owner lived out of the situation and had not used me for the preparation of the lease or for the management of the property. The tenants had been in the property for at least a few years and had a monthly lease. Unknown to me, the tenants refused to pay their rent last month and instead their deposit was used for this purpose.