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Information Needed about Tenant Rights & 1st & Last Month's Rent


Sacramento, CA • 08/29/2007

Hi. We've moving soon, and we need information on how the "1st and last month's rent" works on a lease, which has been on a month-to-month basis for 2 years, now.



We've never had to deal with the "1st and last month's rent" on a lease before, so we don't know how that's supposed to work.



Since we are on the verge of moving out of here, we need to know what our rights are and what her obligations are.



We had hoped to be out of here by the end of the month, to avoid having to pay rent for September. But now we have found out the neighborhood cleanup is FINALLY coming to our street next week, so we've decided it would be easier to wait to catch it, so we don't have to haul stuff to the dump.



My hubby will be getting his disability check from the VA (disabled vet) on Friday, so we will be better able to afford to pay for a Uhaul or movers for the furniture. We're both disabled, so it's difficult for us to move the heavy stuff, ourselves. But we've already started moving some of the small stuff in our pickup.



We have a storage unit to put our stuff in. We caught their move-in special for a month. And we already have a residential motel room for a month, at a special "apartment" rate. So now it's just a matter of pulling our stuff out.



So, technically, we don't "live" here, anymore. But our stuff will still be here for a few more days. So, as long as our stuff is still here, we're still sleeping here. But we're trying to figure out if we can afford to hire movers for the large furniture, and if we even want or need to keep certain large furniture items.



We have a lot of stuff we know we want to get rid of, and I've been gradually listing it on Craigslist to give away. Other thing we don't want anymore, but we would like to get some money for them.



Perhaps if there's something you're looking for, we might have it. You can just reply to this post and ask.



But does the "1st and last month's rent" mean that the last month's rent is already paid? Meaning that we wouldn't owe anything for September? That would be wonderful, if that's true.



And what about the deposit? She told us she has a $2500 deposit. But the rent is $1500 a month, so we paid her $1500 for the 1st month's rent, and $1500 for the last month's rent, and a deposit of $1500, totalling $4500. So, minus the 1st month's rent would leave $3000 she should still have.



She's telling us we have to clean the house out completely, and clean the rugs and everything. We are not physically able to do that. We're very limited on how much we can do.



So we're thinking she can keep the $1500 deposit and hire someone to come in and clean the place.



But it's the last month's $1500 that's in question.



Does it mean we get to stay--if we wanted to--the month of September for free?



She even called on Sunday and said something about us staying through September. We'd love to be able to have more time to move everything out.



But the problem is, the electrical problem that has developed between the pool pump and the house is what is prompting us to have to move out in a hurry.



See, this all started back at the beginning of August. The fridge--which she provided--started going out, again, on us. It did back in April, but starting working again, after cleaning the kickplate. Well, it died altogether on the 11th, and we've been living out of an ice chest all this time.



Then the oven went out. We've also had problems with our coffee maker. And everytime the pump has come on, our tv, our phone, and my printer, if it's on, go off, as well as the lights dimming to about the brightness of a 25 watt bulb.



So it's been kind of scary trying to deal with all this. You have no idea of how many panic attacks I've had because of all this. I've been so worried about the pump blowing out my tv for good--or the phone, or the printer, or even my computer! God forbid! I'd be so dead in the water if my 'puter went down.



So we made the decision to get out of here as quickly as possible, hence the reason for the residential motel room. We need a place with a working fridge and stove. It's been pretty expensive having to buy bags of ice everyday, and we've been limited on what we can cook, and how.



This has been such a nightmare, and we can't wait for it to be over, so we can move on with our lives in a new, safer place.



Then the next question will be WHERE will that new place be? It seems every place wants us to make like 3 times the rent and they want credit checks and background checks, and maybe even some of our DNA, it seems!



We'd like to find someone who has a place to rent who just wants good, honest, trustworthy, reliable renters, who always pay on time, and they don't have to worry about having any problems with. Our rental history is spotless, so are the utilities. They get paid first. We don't have a car payment, don't owe a lot of money to any credit cards. We're still paying on a small Sears account, and some medical bills, and that's it.



I almost feel like we're going to get stuck staying in that residential motel longer than we think we will. The bed is very hard and uncomfortable. That's why we've still been sleeping here in our own bed, while we still have it here.



Can someone please help us? Does anyone know what the rules of a lease are regarding the "1st and last month's rent?"



What are our rights? We're so lost, right now. We feel so all alone, with no one to help us. We don't have anyone to help us move, and are trying to do it all on our own. And that's so hard for us.



We really could use a friend--a godsend. We're running out of money, too, because of having to spend so much on ice, and having to eat out a lot, because we can't keep food in the ice chest very long. We had to toss a lot of frozen food that thawed and spoiled when the fridge first died.



So, please if you know what the rules are supposed to be, please reply to this post.



If you are in a position to help us move, or give us any advice or suggestions, please reply.



If you're looking for anything, that we might happen to have and want to get rid of, just ask.



If you're looking for something, and would be willing to pay a little something for it, we could really use some cash donations.



We have a bird bath, a couple large patio umbrellas, some struts and other car parts, some oscillating fans, 2 tall bookcases, a washer and dryer that may still work, a small upright freezer we won't need, and a small fridge we got from another CLer, but don't want to plug in because of electrical problem, and our large side-by-side that died, also, but if someone wanted to fix it, they could have it.



The stuff we want to sell for a small amount: 2 over-the-toilet cabinets, never used, a small bookcase still in its box, a Kirby vacuum with accessories, and an old, antique piano.



We'll be posting other stuff as we pull more things out of here.



So, if you want anything or have any advice or suggestions, please email me.



Thanks!

Located: Sacramento, CA


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