Q: Landlord is asking us to pay half of rent
My roommates and I signed a lease for an apartment in Brooklyn. According to the lease, the agreement commenced on July 15, 2024, and our lease terminates on July 31, 2025. My roommates and I have already paid the security deposit and for first month's rent, which is roughly around ~$3,700 each (my roommates and I pay together, and we each pay ~$903). We received an email this afternoon to pay for August's rent, which they are asking for ~$1,800 (half of the rent payment agreement). We were told through this broker that July would be included for first month's rent, which was August. We are not sure why we are receiving half the amount of the agreement to pay for August. We were never told that this agreement was prorated. When I checked the lease, there is nothing about paying an additional half of this payment. We are not sure what to do.
A: From a legal perspective, the amount you may or may not owe hinges on an interpretation of the lease terms, as well as background decisional law and statutes. From a strategic perspective, you will want to evaluate your goals to ensure that the likely reaction from your dispute aligns with those goals. Your landlord may commence a non-payment proceeding if you refuse to pay (whether or not it is meritorious will be determined by the court). Whether you are prepared to deal with that, is up to you. In any case, it wouldn't hurt to at least have the consultation of a legal professional to ensure that you are only taking actions likely to improve your legal position, rather than undermine it. Written communications in the context of legal disputes can often have unexpected and unhelpful effects on the strength of your position.
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