Q: Can a landlord make you pay rent in advance?
Here’s the situation: over a year ago my new landlord agreed to knock $100 of the rent if I paid 6 months in advance, but it was suppose to continue at the same discounted price after the 6 months were up. He tried to say they I had to pay up 6 months, again. I refused to give the 6 months but I did give 3 months. My next bill would have been in June. I was without heat and air for 2 weeks this month and discovered that the compressor went bad and it was the cause for my utilities to more than double the last two months!! My light bill is usually around $150, and it jumped to $350!!! I asked the landlord to discount my rent to compensate the almost $600 extra in utilities. He refused to discount me or give back my May rent as compensation. I told him I would be out by July, and filing a tenant assertion for the money. He sent an eviction notice via text and blamed me for the unit going bad!! Claims I left my door open causing to overwork all the time!!! What can I do? Can I even file?
A: Payment of rent in advance is acceptable if the lease contract provides for that and the parties agree to it. You should have contacted the Office of Housing Code Enforcement for the county or city where you lived when the compressor went bad and made a formal written complaint about the lack of heat. At this point, your case is a fact driven matter which a judge will have to decide. You would be best served to hire a lawyer who knows landlord-tenant disputes and who has an office close to the courthouse where the premises is located.
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