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Hello everyone, a couple months ago I posted about an issue we were having with our landlord. He sent us a notice to quit and demand for possession, because he would like to occupy the apartment. This notice to vacate happened immediately after an inspector came to the house btw. For the record we didn't intend on the landlord getting in trouble or anything, the reason we had an inspector come to the house was because we wanted to know if the house was structurally safe, we live off the highway and we started noticing that the house was shaking a lot, our doors started to get stuck and there was major sloping in the rooms. When the inspector went to the basement to check the foundation he found a lot of violations, We had no idea that the basement of the house was full of violations. Which of course the landlord ended up getting a letter about, and a week later we received the demand for possession.
Anyways, we were supposed to leave by July 1, but that was nearly impossible for us, I lost my job last August and my unemployment ran out in feb and my husband lost his job in January, and his unemployment just ended like 2 weeks ago, we have both been going to interviews but still no call back, and the resources we did have were enough to cover our monthly bills like rent etc.. There was no way that we could put together money to move , and pay our 1350 rent plus our other bills.
So for the first time in my life I went to welfare :-(. I applied for emergency assistance to atleast help with the security deposit to move, but they are insisting the landlord to give us the deposit back so that we can use it to move. They Are stating that since it's an involuntary eviction, and we don't owe rent he should return the deposit so that we can move, but isn't your deposit returned only after you move out? I am really worried about this, I have 2 small kids , i am scared that the time to move out is going to come and we are not going to have a place to live. We need the money to put down in another place.
Has anyone experienced something like this? Please any help or advise would be greatly appreciated. I am really scared that my family and myself will be out in the streets, also how difficult is it going to be to get an apartment and we are both not working.
This has been the most stressing experience ever, despite our financial set back we have always been responsible with our payments, it would be a shame to be homeless over something that was not our fault note caused by irresponsibility.
Check your lease. There should be language in there about when the deposit is to be returned. That's going to be the main element in determining this answer, not what anyone on a message board (or any emergency assistance office) says.
Secondly, talk it over with your landlord, see what you can work out.
Thanks for answering me, that is the problem, when we first moved in it was another owner, we had a rental agreement, and technically we were month to month. When the house was sold, we never signed a lease with the new landlord. So we we are month to month still.
so Yesterday I decided to call my landlord , I told him the situation about the security deposit. Can you believe that he told me that we are currently living our security deposit?? This has stressed me out even more, I feel like I am about to have a mental breakdown. How can he make that decision? We never agreed to use our deposit as this months rent !!! We had our rent ready for him on the 1st and he was the one who refused it! He never mentioned taking the deposit as this months rent! I now see that this is going to be even bigger of a nightmare than what it already is.
Thanks for answering me, that is the problem, when we first moved in it was another owner, we had a rental agreement, and technically we were month to month. When the house was sold, we never signed a lease with the new landlord. So we we are month to month still.
so Yesterday I decided to call my landlord , I told him the situation about the security deposit. Can you believe that he told me that we are currently living our security deposit?? This has stressed me out even more, I feel like I am about to have a mental breakdown. How can he make that decision? We never agreed to use our deposit as this months rent !!! We had our rent ready for him on the 1st and he was the one who refused it! He never mentioned taking the deposit as this months rent! I now see that this is going to be even bigger of a nightmare than what it already is.
So what's the problem? I really don't understand. He's using your deposit for this month's rent, right? And you had this month's rent money ready to be paid? So you should have that money in hand and available so you can move. What am I missing?
So what's the problem? I really don't understand. He's using your deposit for this month's rent, right? And you had this month's rent money ready to be paid? So you should have that money in hand and available so you can move. What am I missing?
The problem is that our deposit was a month and a half of rent, and we DID NOT AGREE to him using our deposit for rent, he just made that decision on his own.
It costs a lot more than one month rent to move, so yeah that's a big problem.
The problem is that our deposit was a month and a half of rent, and we DID NOT AGREE to him using our deposit for rent, he just made that decision on his own.
It costs a lot more than one month rent to move, so yeah that's a big problem.
OK, by a lot more, do you mean 'a month and a half of rent'... so you're short a half month's rent at this point?
And just curious, did you ask the landlord about your concerns about the house before you brought in an inspector? Was that someone from the town or did you pay for that?
We mentioned our concerns to him twice, and both times he completely disregarded our comcern. It was at our city code office, we didn't go their with complains about him , we just asked "how would we know if our house is structurally safe, because of the movement we were feeling. They were the ones who offered and inspector to check for us . That was our main concern, we had no idea what was in the basement. Our reason for the inspector was for our own safety , the report clearly says. "Tenant would like to know safety of structure "
Most landlords are requesting 1 month of rent plus 1 and 1/2 for security so we are missing That month and a half. I assuming that since welfare knows about that deposit and we have that months rent that's is why they are insisting on the deposit . Had I knows that he was planning on using my deposit I would have been more prepared.
I am just freaking out that the time to leave is going to come and we are not going to have a place to stay, We don't have anyone to lend us the money either, we have asked..
So you're basically concerned about when you'll be getting back the half a month's rent, is that correct?
Call him back. Tell him this. He may not even know that your security deposit was a month and a half. But, thankfully, you have a signed agreement showing this and the cancelled checks.
So you then ask him what his plan is regarding getting you the other half a month.
I know it's nice to vent and all, but you might find that more communication with him will be a lot more helpful. Truthfully it sounds like he wants to help out as much as he can and get you out of the place more than try and ********* over.
If he wanted to ********* he would have made you send in that last rent check and then take 90 days to send you the deposit. As it is you have 2/3rd of your deposit in hand to use.
We mentioned our concerns to him twice, and both times he completely disregarded our comcern. It was at our city code office, we didn't go their with complains about him , we just asked "how would we know if our house is structurally safe, because of the movement we were feeling. They were the ones who offered and inspector to check for us . That was our main concern, we had no idea what was in the basement. Our reason for the inspector was for our own safety , the report clearly says. "Tenant would like to know safety of structure "
Most landlords are requesting 1 month of rent plus 1 and 1/2 for security so we are missing That month and a half. I assuming that since welfare knows about that deposit and we have that months rent that's is why they are insisting on the deposit . Had I knows that he was planning on using my deposit I would have been more prepared.
I am just freaking out that the time to leave is going to come and we are not going to have a place to stay, We don't have anyone to lend us the money either, we have asked..
Wait, but what about the story where you had the inspector in because of the hot water problem and that was when the basement violations were noticed.
As the other poster stated (and as I said above), you are talking about a half's month rent. I am sympathetic to your overall situation, but your landlord does not seem like the biggest problem.
Wait, but what about the story where you had the inspector in because of the hot water problem and that was when the basement violations were noticed.
As the other poster stated (and as I said above), you are talking about a half's month rent. I am sympathetic to your overall situation, but your landlord does not seem like the biggest problem.
Bingo!
So the OP & her husband both lost their jobs, the unemployment runs out & then they start calling for inspectors?
Sounds like there is wayyy more to this story.
And you were supposed to move out by July 1? Did you pay for this month? If not, you are out of luck.
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