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Well, it does seem like an odd arrangement -- if he runs late getting finished, or doesn't finish it up, for instance, the renter would have nowhere to go. Common sense would say that this is not a good idea, even with a written contract, unless there is a real shortage of apartments in the area. It is legal to ask for 2 months rent. First and Last Month and quite possibly a Deposit. However, if the apartment building is not complete the landlord may be using potential tenants money to complete the construction. I wouldn't do it. Does not sound legit.

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15y ago
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Q: Is it legal for a landlord to ask a potential tenant for 2 months' rent up front so that the landlord can finish building the new apartment?
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