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I reside in Gaithersburg MD, renting a townhome from a private landlord (not a community etc) for 1.5 years.
The landlord is not trustworthy and I am quite certain that he will screw me with my sceurity deposit which was 1500$ (one months rent). The lease however has no mention that the security deposit cannot be used for last months rent.
Why do I think he is not trustable - the other renter who lives in the basement was screwed over his security and an extra months rent (the LL put up a fight saying that the rent paid on 1st of every month is actually for the previous month). So basically he will find some way or the other to screw with ppl. Although I understand that the other renter couldve fought. He choose not to and moved on.
Comming back to my situation, the house is maontained in near perfect condition and I have also told the LL that I will hand out a check for the damages if any on the day of the inspection so that I could use the security deposit for my last months rent.
What are my options? If I pay the rent, and he doesnt return the deposit, I cant fight him. I am moving to Kansas and cant really do much. Legally, if I do not pay the rent ready to forfiet the security and pay for the damages if any, can he take any legal action?
In most states it is illegal for the tenant to try to use the security deposit as last months rent. You are likely to get a 3 day pay or move out notice and an eviction on your record if you try that.
You will be better off paying the rent and fighting the landlord for the security deposit later if you have to. You have a right to have the landlord inspect the apartment with you. Take lots of photos of the condition of the property after you have move everything out and finished cleaning it. Have a friend walk thru it with you and the landlord, who can certify to the condition of the place during the inspection. Make a written list of the condition of every room and have the friend sign it, in case you need it later. If the landlord refuses to do the inspection with you document that and do the inspection on your own with the friend as witness.
The landlord must, within 45 days after the end of the tenancy, return to tenant the security deposit minus any amount which the landlord may rightfully withhold. Simple interest of 3% per year must be paid on security deposits of $50 or more and must accrue at 6 month intervals from the day the security deposit was given. Interest is not compounded. If the landlord, without a reasonable basis, fails to return any part of the security deposit within 45 days after the termination of the tenancy, the landlord may be liable to the tenant for three times the withheld amount, plus reasonable attorney’s fees.
Share this information with the tenant that moved out and other tenants, they may be able to sue in small claims court if he does not abide by the laws.
In most states it is illegal for the tenant to try to use the security deposit as last months rent. You are likely to get a 3 day pay or move out notice and an eviction on your record if you try that.
You will be better off paying the rent and fighting the landlord for the security deposit later if you have to. You have a right to have the landlord inspect the apartment with you. Take lots of photos of the condition of the property after you have move everything out and finished cleaning it. Have a friend walk thru it with you and the landlord, who can certify to the condition of the place during the inspection. Make a written list of the condition of every room and have the friend sign it, in case you need it later. If the landlord refuses to do the inspection with you document that and do the inspection on your own with the friend as witness.
Well, yeah the problem is, I will move to Kansas and wont really fight him. He himself is in Boston and his point of contact "property manager" who is supposed to work for him doesnt want to work for him anymore coz he screws around with people. So she isint ready to do an inspection.
As of now, the LL has ignored all my emails regarding setting up an inspection and is refusing to provide me with his postal address (for any certified mails I could send regarding security deposit) nor his contact phone number.
As of now, the LL has ignored all my emails regarding setting up an inspection and is refusing to provide me with his postal address (for any certified mails I could send regarding security deposit) nor his contact phone number.
Your lease has information on where to send payment for rent. Send a certified letter to that location.
There should also be a phone number on there for you to request repairs. Call that number to set up an inspection.
Your lease has information on where to send payment for rent. Send a certified letter to that location.
There should also be a phone number on there for you to request repairs. Call that number to set up an inspection.
The lease has no information regarding any form of contact. The contact i have is the email address of the LL and the contact of the property management who apparently does not work for him anymore.
The LL has been extremely manipulative over the last 1.5 years since I have been here..
Also, I am renting from a private townhome owner. No property management or any community involved
The lease has no information regarding any form of contact. The contact i have is the email address of the LL and the contact of the property management who apparently does not work for him anymore.
The LL has been extremely manipulative over the last 1.5 years since I have been here..
Also, I am renting from a private townhome owner. No property management or any community involved
Is there property management or not?
In one sentence you say there is and they don't want to do an inspection and the next sentence you say they don't work for him any longer.
Go to the white pages on the internet and look up the landlord's name and see what you find there as far as address and/or telephone number.
You could also send a certified letter to the property management company you first mentioned in regards to this issue if that company is the last known contact you have to pay rent and send a request for repairs.
Is there property management or not?
In one sentence you say there is and they don't want to do an inspection and the next sentence you say they don't work for him any longer.
Go to the white pages on the internet and look up the landlord's name and see what you find there as far as address and/or telephone number.
You could also send a certified letter to the property management company you first mentioned in regards to this issue if that company is the last known contact you have to pay rent and send a request for repairs.
Ok, here is the exact situation:
The "property manager" is a lady, who was working for free for the owner who resides in another state up north. The property manager now says she does not work for the owner anymore since he has a habit of screwing ppl around. I recently found out, the property manager was doing it as a favor to the owner (some family connections) and there is no written agreement between the owner and the property manager.
The property manager sympathizes with me and it was her suggestion to not pay the last months rent. She is certain the owner has no intentions of returning my deposit.
The "lease" is a generic lease you can pick up online, but has no address or contact information of the owner. We correspond thru emails with the owner and now he refuses to give me his postal address or his telephone number.
The address on white pages is the current town home where I reside, that is because he owns this place. Apart from the above mentioned info, i know he travels overseas a lot and for all practical purposes, he might not even be in the states now. A messy situation...but thats reality..
Lets say I do not pay the last months rent and the LL does take me to court, what damages can he claim? What would be my financial hit?
Please note, I am already forfeiting the deposit and ready to pay any and all damages....
They can give you a 3 day notice to Pay or Quit (pay rent or move out in 3 days) if you are late with rent. They can begin eviction proceedings if you don't pay or move out by then. If you were a freeloader type, how would they know that you were going to leave in 30 days, so they would get you out asap to keep you from living rent free for many months. Sure, you say you are leaving, but what if you just decide to stay. Then they gave you 1 free month before they took action so that's an extra month lost rent to them. That's what's going on in the mind of a landlord.
However, chances are probably low that your landlord will evict you during your last month because he doesn't live in same state and also doesn't have a property manager. However, there is a risk for you by trying to not pay/use security deposit as last month.
Please note before they begin eviction proceedings they must post notice for you to Pay or Quit. So then, I guess, you could pay rent within that 3 day period IF you get such notice. It's usually called 3 Day Notice to Pay or Quit. But each state can word if different or have slightly different rules. It's required to be posted before they can go to the courthouse and file eviction. Check your state landlord tenant law to see what it says about 3 day notice to pay or quit.
Last edited by sware2cod; 01-30-2014 at 06:12 PM..
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