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Read --> American Landlord Law: Everything U Need to Know... about Landlord-Tenant Laws

Read --> American Tenant: Everything U Need to Know... about Your Rights as a Renter

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AuthorPost
OH landlord
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Joined: Wed Sep 12th, 2007
Location:  
Posts: 506
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 Posted: Thu May 15th, 2008 11:01 am
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First, you cannot use the deposit for the last month's rent.  The deposit is not to be touched by either party until you vacate.  Nearly every state law says it is for the LL's security against damages to the unit after you leave.  You have no right to request it's use for rent.  Just because she didn't put up "that much of a fuss" to it doesn't mean she's still not legally entitled to that rent.  You need to pay it before she files for an eviction, which will show up on your court record for years - even if it later is dropped because you move out.  (She could file this the day before you leave and it will be on your court record for many years for all future LLs to see!)  This is not the way to handle the possible non-return of any deposit you have.  Pay the rent and handle the non-return of the deposit when it occurs.

You have another problem here (besides your failure to pay rent).  You have no proof of the condition of the unit when you moved in.  That could mean she may try to charge you for anything in the unit when you leave.  You have no proof that it was like that when you moved in.  But she will have a condition sheet or photos to show it was like that when you moved out.  If she has any photos taken before you moved in, she'll use those to substitute for the move-in condition inspection.  Since there is no deposit left, she may sue you to recover any damages to the unit.  A monetary judgement for damages will affect your credit and be there for any future LL to see.  This is another reason to not use the deposit.  She has no other choice but to sue you this way.  You're just giving her an excuse to sue you this way since she has no money for damages.  Make sure you either do an exit inspection (when your belongings are out) or take numerous photos and leave the unit spotless to protect yourself.

You should pay the rent and then follow the correct procedure if she doesn't return your deposit.  Yes, I know it may be a pain, but that is the legal way to handle this.  Circumventing the law will only cause you problems.  If she does not return your deposit within 30 days of vacating, send a demand letter for it to her by certified mail.  If she still fails to send it, you can sue her in small claims court for the deposit and any penalties your state has for failure to follow that law.  (Some states allow a penalty of 2 to 3x the rent for willfully failing to return a deposit!)  This is the correct procedure to stay out of legal trouble.

lpulverenti
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Joined: Mon May 12th, 2008
Location:  
Posts: 1
Status:  Offline
 Posted: Mon May 12th, 2008 03:54 pm
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I live in a single-family home that's being illegally rented out to two units.  Because of this, everything regarding utilities is in the landlord's name and we've never had to pay for them.  At various times throughout the year, she's tried to collect utility money from both apartments by coming up with a number that she thought each apartment should pay.

We've resisted this, and I even had the city of boston come out and do an inspection.  What will come of that I'm not sure.  That was months ago.  Now we're 3 weeks away from moving out.

All along we've felt like she would end up keeping our security deposit as a means to recoup the utilities, so to defend ourselves from this, we sent her a letter on May 1 indicating we would not pay last month's rent and that she should use our security deposit to cover it.  She did not put up very much resistance to this.

We feel comfortable in doing this because there is no damage to the apartment.  Now she wants to meet with us weeks before we leave in order to do the walkthrough instead of on May 31.

My question is, should we even meet with her?  She knows she cannot legally collect the utility money.  My feeling is, she's going to come and make false accusations regarding damages (there are none), or find some way to try and talk us into giving money.  Either way, I see no benefit to meeting now. 

She wants to meet us now because she knows after the 31st she can do nothing.  Am I right?

Another gray area is that we never did an initial walkthrough....there is no signed statement of condition detailing the condition of the apartment when we moved in.

Last edited on Mon May 12th, 2008 04:00 pm by lpulverenti


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