Last month's rent collected at signing

Reviewed by Marcus A. Hall, Founder
Standard clause
Common, reasonable, and usually fine to sign.
Quick answer

Collecting first + last + deposit is standard in many markets. Just make sure the total doesn't exceed state deposit caps.

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What it actually means

Last month's rent isn't technically a deposit — it's prepaid rent. But some states include it in deposit caps anyway.

This protects the landlord if you skip out on the last month. It's normal practice.

What it looks like in a lease

"Tenant shall pay first month's rent, last month's rent, and Security Deposit at Lease execution."

What to watch for

  • Whether it counts toward deposit cap
  • Whether it earns interest

How to negotiate it

Ask to defer last month's rent if cash flow is tight. Some landlords agree.

When it crosses into a red flag

  • Total exceeds state cap when last month is included

Frequently asked questions

Can I use last month's rent as my deposit?

No — they're separate. Last month pays rent; deposit covers damages.

Related state law

Want to know how this works in your specific state? Read the Security deposit laws guide, or pick your state from the guide index.

Related clauses

General information, not legal advice. Clauses are interpreted differently across states and courts. For a binding interpretation of your specific lease, consult a licensed attorney in your state.

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