First and Last Month’s Rent — What landlords can ask for (and when it’s limited)

Answer

Short answer: landlords commonly require the first month’s rent at move-in and may also ask for last month’s rent (prepaid final month). Whether they can collect last month’s rent in addition to a security deposit — and how much you can be charged up front — depends on state and local law. Always check local rules and get terms in writing.

How it usually works: tenants pay the first month’s rent before or at move-in. Last month’s rent is a prepaid rent for the final month and differs from a security deposit (which covers damage or unpaid charges). Some landlords accept last month’s rent instead of a separate deposit; others collect both. Practices vary widely by market and property type.

Limits and important exceptions: many states cap security deposits (often one month’s rent for 12-month leases), and regulators or courts may treat last month’s rent as part of that cap — meaning a landlord cannot collect first month + full legal deposit + last month on top of that. California and several localities updated rules recently to limit upfront deposit amounts and to clarify that “last month” can count toward the deposit cap. Check your state or city rules for exact limits.

Practical points for tenants and landlords:

• Ask for a written ledger that shows what each upfront payment covers (first, last, deposit).
• Document unit condition at move-in (photos/inspection) to avoid disputes over deductions.
• Be aware that public-housing and assistance-animal rules impose additional protections — some fees or deposits cannot be charged for service/assistance animals.
• If you see unusually high upfront demands, review them against state deposit laws or consult tenant/landlord resources.

Bottom line: requesting first month’s rent is standard; asking for last month’s rent is common but not universally permitted in addition to the legal security deposit. Because rules and caps differ by state and city, it’s advisable to verify local law or consult a licensed local attorney or experienced agent before paying or enforcing large upfront charges.