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Old 03-05-2008, 07:19 PM
b75
 
951 posts, read 2,262,423 times
Reputation: 311
Nope, It has ALWAYS worked for me...And btw I have EXCELLENT credit. Maybe the laws are different in your state but you wouldn't be able to do that here - of course I live in one of the most tenet friendly states so that might have something to do with it. It generally isn't worth a landlord's trouble to take a reliable tenet of a couple of years to court to try and get payment from them for money that they already have. And by the time you were able to really evict me, legally I'd already be out. So at least here in NJ all of my landlords have found it best to just take the money for the last month's rent out of my security deposit and just give me the rest back (since there is no damage).

Quote:
Originally Posted by austin-steve View Post
If you did it as my tenant, you'd have an eviction notice by the 8th, and you'd be in JP Court within 10 days with the Judge explaining why he just issued a judgment for triple your rent amount plus unpaid rent. You'd leave court sullen, felling like a victim, but you would have created your own circumstance. Not only that, you'd have 5 days to move out or we re-file with the Constable and come set your stuff on the curb. All of this would happen before the end of the month. We don't mess around and we don't listed to stories or apologies or begging forgiveness.

This would furthermore result in a civil judgment on your credit report if you didn't pay your jugment and rents due. You'd have an unusable rental reference, so you'll need to lie on your next rental application. Then you'd get to run from my collection company for the next 5 to 7 years.

All downside, no upside. Explain again why it's a smart idea to break the law and try to use deposit as last month's rent. Wouldn't it be smarter to keep the agreements you made?

Steve
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Old 03-05-2008, 07:26 PM
 
15,470 posts, read 20,257,482 times
Reputation: 6518
Quote:
Originally Posted by austin-steve View Post
If you did it as my tenant, you'd have an eviction notice by the 8th, and you'd be in JP Court within 10 days with the Judge explaining why he just issued a judgment for triple your rent amount plus unpaid rent. You'd leave court sullen, felling like a victim, but you would have created your own circumstance. Not only that, you'd have 5 days to move out or we re-file with the Constable and come set your stuff on the curb. All of this would happen before the end of the month. We don't mess around and we don't listed to stories or apologies or begging forgiveness.

This would furthermore result in a civil judgment on your credit report if you didn't pay your jugment and rents due. You'd have an unusable rental reference, so you'll need to lie on your next rental application. Then you'd get to run from my collection company for the next 5 to 7 years.

All downside, no upside. Explain again why it's a smart idea to break the law and try to use deposit as last month's rent. Wouldn't it be smarter to keep the agreements you made?

Steve
Wow. let this be a lesson for everybody who wants to use the security deposit as a last months rent. If you are a good tenant I don't understand why you wouldn't pay last months rent. If the landlord doesn't pay the security deposit back on time you can sue him.
I had a great tenant but he only made a huge mistake to do some paint touch ups with the wrong paint on all the inside walls. (used the trim paint instead of the latex which had also a different color, probable painted at night) I could see his effort and felt sorry for him, because he had really been a great tenant and took great care of the property and was a nice person, but I had to repaint the whole house more than once to get the color back to the original white so I took a part of the painting costs out of his deposit and he accepted it. First he asked me if he could try to solve it himself but that was impossible in a single family home.
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Old 03-05-2008, 07:38 PM
b75
 
951 posts, read 2,262,423 times
Reputation: 311
That has never happened to me and I doubt it can where I live. You can't even evict someone all that quickly in my state, much less go through all those machinations. Regardless, as an individual it costs too much in time and money to bother going to court for your security deposit, imo. I generally kiss the money goodbye and am pleasantly surprised when a landlord is actually honest enough to return the rest of it. And where I live you have to repaint before a new occupancy; using the fact that the previous tenant painted would be considered an illegitimate reason to garnish any part of the security deposit. Like I said you need to know the laws of your individual state and proceed accordingly. And let it be said I have family that have been on the other end of the landlord tenant relationship. So I am empathetic to the plight of the landlord which is why I always take care of the place I live in and am overall a low maintenance tenant who pays my rent reliably and stays for many years. I just don't trust the landlord or managing corporation to honestly give me all my money back in the end. If he feels he needs more for repairs (that don't exist) then he can take me to court.

Quote:
Originally Posted by bentlebee View Post
Wow. let this be a lesson for everybody who wants to use the security deposit as a last months rent. If you are a good tenant I don't understand why you wouldn't pay last months rent. If the landlord doesn't pay the security deposit back on time you can sue him.
I had a great tenant but he only made a huge mistake to do some paint touch ups with the wrong paint on all the inside walls. (used the trim paint instead of the latex which had also a different color, probable painted at night) I could see his effort and felt sorry for him, because he had really been a great tenant and took great care of the property and was a nice person, but I had to repaint the whole house more than once to get the color back to the original white so I took a part of the painting costs out of his deposit and he accepted it. First he asked me if he could try to solve it himself but that was impossible in a single family home.
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Old 03-06-2008, 03:43 AM
 
15,470 posts, read 20,257,482 times
Reputation: 6518
I know you have to paint after a tenant leaves but if the tenant makes a mess of the walls, that is called damage and it cost me more money to have to walls look the way they were before so legally (I made many pictures and it really looked bad, satin finish on flat paint, and not the whole wall but parts of every wall) I have the right to take the money out of the deposit.
If tenants are thinking this way about last months rent I guess we have to do what some landlords are already doing. First month + deposit + last month rent or not getting the lease! You have to be respectful, it is other peoples property and the landlord allows you to be able to live there. If both parties have a respectful relation I don't know why a tenant like you is doing this. Sounds you have no respect for other peoples property other wise you would play by the rules for which you have signed for. The way some people are doing it here is causing issues for the great good tenants and if a tenant would do what you are doing, the next time you need a referral I would tell the new landlord or other people/businesses who are calling to ask about the tennant and so far I have received many call for information about tenants. Even rental car, rental computer, other landlord have inquired about a tenant, so it is in both parties best interest to act as you have signed for. Same is for the Landlord to act as a landlord should act.
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Old 03-06-2008, 01:33 PM
b75
 
951 posts, read 2,262,423 times
Reputation: 311
My security deposits have always been 1 1/2 - 2months rent + deposit.

Quote:
Originally Posted by bentlebee View Post
I know you have to paint after a tenant leaves but if the tenant makes a mess of the walls, that is called damage and it cost me more money to have to walls look the way they were before so legally (I made many pictures and it really looked bad, satin finish on flat paint, and not the whole wall but parts of every wall) I have the right to take the money out of the deposit.
If tenants are thinking this way about last months rent I guess we have to do what some landlords are already doing. First month + deposit + last month rent or not getting the lease! You have to be respectful, it is other peoples property and the landlord allows you to be able to live there. If both parties have a respectful relation I don't know why a tenant like you is doing this. Sounds you have no respect for other peoples property other wise you would play by the rules for which you have signed for. The way some people are doing it here is causing issues for the great good tenants and if a tenant would do what you are doing, the next time you need a referral I would tell the new landlord or other people/businesses who are calling to ask about the tennant and so far I have received many call for information about tenants. Even rental car, rental computer, other landlord have inquired about a tenant, so it is in both parties best interest to act as you have signed for. Same is for the Landlord to act as a landlord should act.
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Old 03-08-2008, 07:44 PM
 
Location: 2nd state in the union...
2,382 posts, read 2,519,235 times
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As a long time renter, I have never used my security deposit for my last month's rent, nor would I even consider it. Not only would I be potentially subjecting myself to legal action, I'd also be risking getting a bad reference. And besides, it's just plain wrong.

For those of you who use the deposit, citing your mistrust for the landlord - I find it interesting that you're so worried about the landlord not following through with their end of the bargain, yet you're doing the exact same thing.
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Old 03-08-2008, 08:01 PM
 
Location: Southwest Austin
4,926 posts, read 9,575,727 times
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Quote:
For those of you who use the deposit, citing your mistrust for the landlord - I find it interesting that you're so worried about the landlord not following through with their end of the bargain, yet you're doing the exact same thing.
Yes, psychologists call this "projection". In my Men's work, we call it "Shadow".

Whatever the landlord haters have to say about landlords, they could probably speak it into a mirror and it will be their truth.
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Old 03-08-2008, 08:27 PM
 
15,470 posts, read 20,257,482 times
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Quote:
Originally Posted by wigirl920 View Post
As a long time renter, I have never used my security deposit for my last month's rent, nor would I even consider it. Not only would I be potentially subjecting myself to legal action, I'd also be risking getting a bad reference. And besides, it's just plain wrong.

For those of you who use the deposit, citing your mistrust for the landlord - I find it interesting that you're so worried about the landlord not following through with their end of the bargain, yet you're doing the exact same thing.
If more people play by the rules and have respect for each other than there wouldn't be so many issues. If a renter starts not to pay last months rent he/she creates a very dis respectful relationship. If a landlord doesn't behave as he/she should behave and doesn't have respect for the tenant, it will be a mess. So both parties have to think about themself and each other and mostly that a tenant is living in some one else his property and should respect it. That should only be a normal thing and parents should teach their kids to respect other peoples property. If it goes down wards, I guess the renter will loose in the end, since right now people are losing their homes due to short sales, foreclosures but still need a place to stay. If they get a bad reffera that won't help them since most of them already have bad credit and still are getting places to rent as it should be. But don't start to act that you can do what you want because you will end up losing, maybe not right now (I mean the person who stated he always gets away with not paying last months rent), but there might come a day that he needs a referal and will get a negative one. What comes around goes around. Be smart and don't play a game which you can loose.
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Old 03-09-2008, 11:56 AM
b75
 
951 posts, read 2,262,423 times
Reputation: 311
Oh Good Lord a landlord is used to me paying my rent every month on time for 4 - 5 years, I rarely complain, and then I communicate with them to take out my last month's rent from my security deposit. I have never had a problem; I have excellent credit & no bad references. <shrug> Maybe it is b/c I live in one of the most tenet friendly states, and the landlords know a good thing when they have it so they just don't have an issue with doing that arrangement with me? I don't know. But I have rented in multiple places & it has always worked for me. I also know several people who didn't work it out the way I did & their landlords ripped them off of their security deposit. It really isn't projection; it is just common sense & observation of human nature. I know I'll continue to be a good tenet, but I count always count on the landlord to be as equally fair. However, even in all of those situations I have received the rest of my security deposit back; so maybe I have just rented from some more ethical individuals/corporations or perhaps they had an affinity for me given that I was a reliable, low maintenance tenet.

Quote:
Originally Posted by bentlebee View Post
If more people play by the rules and have respect for each other than there wouldn't be so many issues. If a renter starts not to pay last months rent he/she creates a very dis respectful relationship. If a landlord doesn't behave as he/she should behave and doesn't have respect for the tenant, it will be a mess. So both parties have to think about themself and each other and mostly that a tenant is living in some one else his property and should respect it. That should only be a normal thing and parents should teach their kids to respect other peoples property. If it goes down wards, I guess the renter will loose in the end, since right now people are losing their homes due to short sales, foreclosures but still need a place to stay. If they get a bad reffera that won't help them since most of them already have bad credit and still are getting places to rent as it should be. But don't start to act that you can do what you want because you will end up losing, maybe not right now (I mean the person who stated he always gets away with not paying last months rent), but there might come a day that he needs a referal and will get a negative one. What comes around goes around. Be smart and don't play a game which you can loose.
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Old 03-09-2008, 12:21 PM
 
15,470 posts, read 20,257,482 times
Reputation: 6518
Quote:
Originally Posted by b75 View Post
Oh Good Lord a landlord is used to me paying my rent every month on time for 4 - 5 years, I rarely complain, and then I communicate with them to take out my last month's rent from my security deposit. I have never had a problem; I have excellent credit & no bad references. <shrug> Maybe it is b/c I live in one of the most tenet friendly states, and the landlords know a good thing when they have it so they just don't have an issue with doing that arrangement with me? I don't know. But I have rented in multiple places & it has always worked for me. I also know several people who didn't work it out the way I did & their landlords ripped them off of their security deposit. It really isn't projection; it is just common sense & observation of human nature. I know I'll continue to be a good tenet, but I count always count on the landlord to be as equally fair. However, even in all of those situations I have received the rest of my security deposit back; so maybe I have just rented from some more ethical individuals/corporations or perhaps they had an affinity for me given that I was a reliable, low maintenance tenet.

I have rented maybe 5 or 6 years of my live and never had an issue what so ever and always played by the rules and paid last months rent and got a full deposit back without even having to question it or having to sent any letters. So why are you making so much out of this last months rent and are you so bad talking about Land lords if you always are the good guy but just don't want to pay last monts rent? Is it because you trust the other party as you are to be trusted
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