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My landlord has last months rent and security deposit in escrow, and he wants to evict me for non payment of one months rent, early lease termination, lease is up in March. Can he use my money that is in escrow for payment of rent? Also what would happen if he takes me to court, will the take that money into consideration? Please comment below.
Last edited by Nicocindy1; 12-10-2014 at 08:51 PM..
There's not enough information to offer an opinion. I assume it's the landlord who is holding your security deposit and last month's rent (and this wouldn't be in an "escrow account" but - and only if your state demands it - in an interest-bearing account). But if YOU refused to pay rent and put the money into a court escrow, neither you nor the LL can touch it until your case is heard.
More details would be helpful. Has an eviction actually been filed against you in the court or have you simply received a notice to Pay or Quit? If it's a pay or quit and you don't pay, the LL will proceed to eviction which you should avoid. Even the filing will remain on record and persuade many landlords to immediately dismiss you as a rental applicant.
Yes he can... we just evicted someone for non payment of rent while we had last month rent and security deposit in escrow but it seems per your post you already broke your lease so what is there to evict if you are out. They can go for damages or nonpayment and get a judgment against you instead of eviction for someone who is no longer there.
I'm still living here, he wants me to pay this months rent then maybe we can come to an agreement. Only my deposit is in escrow, not my last months rent. Why can't he use what he already has towards the rent? What's the big deal? I could of not told him anything and just left. Plus if I can pay this months rent then obviously I don't have to move. No eviction has been filed yet, we are just starting to discuss the issue.
Last edited by Nicocindy1; 12-11-2014 at 08:21 PM..
There is a reason LLs put those funds into an account. This is one of them, but I would suspect the more common reason is people like to not pay their rent when they know they are out the door in a month. In many jurisdictions, the eviction process can last for multiple months. You could be settled into a new place before an eviction even shows up on a public records search. Call it an insurance policy.
As far as using a security deposit to pay a month's rent....HELL NO! Now I have nothing to cover any damages that might be left over and the tenant has no real skin in the game, or a reason to not leave an apartment in terrible shape.
The truth is, this isn't anything personal. It is just business. If a LL has found a need to get first, last, and security deposit, he has a reason. It's most likely because of people well before you, but there is a reason.
The best advice is to come to an agreement on a payment plan. Offer to sign a promissory note to pay the balance off in 4 months. Getting out of that hole is very hard and most LLs will understand that and not want to go through the expense of an eviction and a turn. You've got to propose a solution that is mutually benefical but not one-sided. It really needs to lean in his favor. Offer a little interest on top of the balance. In my state, I am allowed to charge interest on outstanding balances. I only charge 5%, but the max is much higher. Appeal to him this way and you both come out okay. Just don't propose he take the last or sec dep for payment. You'll just anger him.
Why haven't you paid your rent? Is it that you no longer have the income to pay the rent? If so, speak to your LL about your changed circumstances right away, and ask to be allowed to break the lease and move out. If you leave the place in good condition, he may even return your security deposit to you, assuming that it's not being taken to cover rent. In any event, you will be far better off than if you had stayed and been evicted.
I'm sure he will allow you to break the lease and move out, since you're not paying rent! Why would he insist you stay, and evict you?
If you have the means to pay the rent, do so, and stay until your lease is up.
I'm still living here, he wants me to pay this months rent then maybe we can come to an agreement.
No eviction has been filed yet, we are just starting to discuss the issue.
Do that. Plan to pay what you owe and to pay the rent on time.
Quote:
Only my deposit is in escrow, not my last months rent.
I don't believe this is true ...or accurate.
ESCROW is a legal term and requires COURT action to implement.
You haven't crossed that line (yet).
Don't make him go there.
Quote:
Why can't he use what he already has towards the rent? What's the big deal?
I could of not told him anything and just left.
The whole reason some landlords get "last month rent" up front is so that if a tenant doesn't pay, they have rent for 30 days while they evict. Not so they can apply it instead of evicting.
If they apply your "last month's rent" now, and then you don't pay next month, they have to start the eviction process and don't have the rent to cover that time.
The vast majority of tenants who don't pay their rent on time also don't clean the house when they move out and have damaged items. So the security deposit needs to be available for those things, not for rent.
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