I moved into my new apartment on August 20th.

The week before move-in, I gave the real estate agent a check in the amount of the rent so that he could "take it off the market".

The day we signed the lease, I gave out three more checks: one for security deposit, one for last month's rent and the pro-rated amount for the remainder of August.

My question is this: Was the pro-rated amount considered first month's rent and will I need to pay the full amount of rent for September? And if so, why was the $795 needed to "take it off the market"?

Per Massachusetts law, landlords are required to charge only first and last month's rent and a security deposit upon move-in. Did I screw myself by giving the real estate agent a check?

Thanks for any info, I just need to know if I need to come up with another month's rent before Friday.

I would speak to the real estate agent and ask what the 'take it off the market' check was for.

In my opinion, why would you have to pay to take it off the market? Shouldn't that me the owners responsibility, since they decided to rent and not sell.

Forget about the taking it off the market statement. you paid for security depost, last months rent and prorated this month. you now owe for september rent.

Ok, this is how I am figuring it:
If I gave three checks-one for first month's, one for last month's and one for security, shouldn't the first month's rent be counted towards September, since I paid a pro-rated amount for August? I still haven't stayed there a full month, so I figure the check for first month's rent should be applied to September.
Unless I am wrong in thinking that the first month's rent goes toward time that I have stayed there. Could this first month's rent go toward the portion of August that I wasn't there, just to cover the expenses of the landlords? I just dont see why I am paying for time I wasn't staying there.

Thanks for all your help.

I'd say no since you paid pro-rated for August. Did you call the real estate people or the landlord?

In the initial phone message he had said that the pro-rated one was for the remainder of August and the check i gave him was for August 1st through the end of the month. I was unsure whether he was confused or just talking (he is pretty long-winded) and meant September first through the end of the month.

I am waiting to hear back from him now.

If they charged you pro-rated for August, they can't charge you for the full month too. I'm sure he was just confused

Thanks for all your input, Teri, I appreciate it.

Were you able to get it all straightened out?

Yep, all set.

The real estate agent got the first month's rent for some reason, but it was applied toward September for us.

Thanks for all the help.