How much rent can a landlord ask for in advance after we have paid a deposit?

Question

I will be moving into a property at the beginning of September but i have just received my contract. after paying a deposit the landlord wants post dated cheques quarterly so i pay 3 months rent in advance. Can he do this? i was informed by the agency that it would be monthly post dated cheques.

Answer 1

Probably.  The landlord can specify how they want payments made in the contract.  Some landlords require payments via automatic EFT.  If you don't agree, then don't sign.  

Whether you receive your deposit back depends on whether the contract included terms you did not expect.  Since the agency told you one thing, you can probably argue that contract is substantially different from what you were led to believe.  However, it may hard to prove to a small claims judge.  

It is unusual for a landlord to require post-dated checks.  In many states, you can sue if the landlord deposits the post-dated check(s) early.  You can still negotiate the contract terms.  Make sure the contract is very clear that post-dated checks will not be deposited early and you do not waive your right to sue or stop payment for cause w/ notice.

Google your state's law regarding check payments (usually consumer law section).

Answer 2

Perhaps your credit is less than perfect, could this be the reason for the 3 months in advance?  Do you have anything in writing that states the 3 month advance stipulation?  I have never really heard of that, not unless it was agreed upon before you paid the deposit, because you may not have agreed to it, and not wanted to rent the property.

Answer 3

Ive never heard of that. Some places will ask for the 1st and last months rent. I would not agree to that.  

Answer 4

He can do whatever you let him do, tell him no that that wasn't part of the agreement then if he insists either do it or find another place.