When it was over, he stayed on, paying rent as usual.
In America, many states thus adopted the rule explained above, but there are still some holdouts.In many states, landlords must take reasonably prompt steps to re-rent the premises; once the landlord finds a new tenant, the prior tenant’s liability for rent ends.Consistent with this rule, the landlord cannot simply demand an arbitrary amount, which has no relation to how hard he tries to re-rent the place or how quickly he succeeds.Q: If a tenant owes rent on the first of the month and late fees start on the fifth, how can we enforce late charges if tenants backdate their checks to the fourth or even the first of the month? A: Your problem is not collecting late fees; it’s accepting backdated checks.No law requires you to accept them, and careful landlords refuse to do so.She specializes in landlord/tenant law and is co-author of "Every Landlord’s Legal Guide" and "Every Tenant’s Legal Guide." She can be reached at [email protected]
Lawyers who were trained in commonwealth jurisdictions may have an ingrained concept that backdating a document is generally improper, if not illegal.
Whether your son’s resulting tenancy was month-to-month or for an entire year will depend on your state’s approach.
But even if he is now facing a year’s lease (which he has broken by moving away), the landlord’s demand for three month’s rent may be excessive.
That’s what seems to be going on here, which could give your son some legal firepower.
Janet Portman is an attorney and managing editor at Nolo.
This type of backdating is done to memorialize an earlier event.