Oklahoma tenant law; is the first-month-to-last-month fee consider a prepaid rent?

Question

Ok, so, it's been 3 months now since both me and my husband moved out from our old apartment. We paid for the first-month-to-last-month fee, since we were newbies [had no rental history]. We moved in there on May 24, 2006, and moved out on April 27, 2008. We paid by check for the month of April, the last month we stayed there, but there was still the first-month-to-last-month fee which was not used yet, because it was unexpected [the move]. So, how can we get back our first-month-to-last-month fee? I mean, we already paid for that April month with our own money, not the money from the check of the First-month-to-last-month fee. Oh, and the manager of the property just told us that they only refund security deposits, not first-month-to-last-month fees, also, at the time of staying there; the old company sold the property to a new owner. Is it possible that he can do that, where he is not liable to give us back our money? Thanks.

Answer 1

Number one, you likely paid a first and last month's rent (fee). The first month's rent went towards your rent for the first month you resided there.

The last month's rent is held for the last month that you must legally pay rent.

You stated that you moved unexpectedly.

Did you give the landlord proper written notice to terminate the tenancy?

If not, the landlord can legally keep the last month's rent to cover May's rent. You were liable to pay rent through the termination period, whether you lived there or not.

So, yes, the last month's rent is prepaid rent but the landlord can legally keep it if you did not provide proper written notice.

The property can be sold at any time - it does not affect your tenancy at all.

The new landlord is within his rights to keep the last month's rent.

Answer 2

If you had a 1 yr lease and had renewed it in May 07, it would have ended May 24, 2008.  In that case, you moved out 1 month early, therefore breaking the lease and the landlord would be entitled to the rent for the month of May (hence your last month pmt). You said the move was unexpected, so I gather you did not give him 30 days notice. Then he would still be entitled to 1 months "extra" rent. Be glad he isnt charging you rent until he re-rents the place.