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Hey Austin-Steve... how likely is it that the landlord will try to file suit on a late fee that was charged because the last month's rent was late?
I'm not sure what your asking. A late fee would simply come out of the deposit. For us, we would have already mailed an eviction notice if it's THE LAST MONTH, as we know there are tenants like b75 who try to not pay last month's rent. In that case, if before we filed the eviction at JP Court they paid the rent but not the late fee, we would simply take it out of the deposit return.
Oh Good Lord for the last time all of my landlord's have received the full payment for the last month's rent on time. Last time I checked the money from one account was just as green as money in the other. And noone has ever taken a late fee from me; maybe b/c I communicate with them prior to the due date.
Quote:
Originally Posted by austin-steve
I'm not sure what your asking. A late fee would simply come out of the deposit. For us, we would have already mailed an eviction notice if it's THE LAST MONTH, as we know there are tenants like b75 who try to not pay last month's rent. In that case, if before we filed the eviction at JP Court they paid the rent but not the late fee, we would simply take it out of the deposit return.
Oh Good Lord for the last time all of my landlord's have received the full payment for the last month's rent on time. Last time I checked the money from one account was just as green as money in the other. And noone has ever taken a late fee from me; maybe b/c I communicate with them prior to the due date.
My point in debating you on this, and the service I hope it provides other readers, is that your "last month's rent come out of the deposit" practice can have very serious negative consequences if attempted with a professional landlord.
Lest someone read your theory on last month's rent and think they might try it sometime, they should also know that some of us landlords don't play those games and we hold our renters accountable to the written lease agreement, period.
The state legislature in Texas has such a dim view of your method that a renter will be fined triple the rent amount for trying to declare last month's rent as covered by a security deposit. Likewise, landlords are liable for triple damages if they wrongfully withhold rent.
Life is much easier when people keep their agreements instead of trying to unilaterally change them to suit their personal fears and worries.
I know the laws in the state where I rent which apparently are very different from TX. Like I said initially my state is very tenant friendly, landlord unfriendl & it is not easy to execute a judgment on a tenant. Heck it takes forever and a day in my state to actually have someone removed from the premises with which they have been evicted. That being said, I have rented from corporations as well as individual owners & my method has worked. Bottom line is know the laws in your state. In my state this in my best interest & my landlord gets what they are owed as well.
Quote:
Originally Posted by austin-steve
My point in debating you on this, and the service I hope it provides other readers, is that your "last month's rent come out of the deposit" practice can have very serious negative consequences if attempted with a professional landlord.
Lest someone read your theory on last month's rent and think they might try it sometime, they should also know that some of us landlords don't play those games and we hold our renters accountable to the written lease agreement, period.
The state legislature in Texas has such a dim view of your method that a renter will be fined triple the rent amount for trying to declare last month's rent as covered by a security deposit. Likewise, landlords are liable for triple damages if they wrongfully withhold rent.
Life is much easier when people keep their agreements instead of trying to unilaterally change them to suit their personal fears and worries.
I registered here just to post for you. I love people like you - in fact, I am just like you! But I represent the other side of the fence. I am a tenant.
I am currently in the process of plotting a triple damages suit against a landlord who failed to return my security deposit. He is the 5th of 5 - every single landlord I have ever rented from - who has failed to return my security deposit.
Now here is some information you may toss aside (and rightfully so, hearsay is for the dogs!): I am a meticulous person. I have been diagnosed with OCD from an early age. I leave every apartment I enter in BETTER condition than when I leave. Yet call it luck, or perhaps my low income and subsequent low-income housing (of course)...every one of my landlords to date has kept my security deposit. I have a judgment out on 1 of the landlords, and a wage garnish slowly paying me back on another years later.
Unfortunately for Freddy this time I am extremely armed and dangerous. Poor Freddy failed to send me the following: 1) a statement of condition, 2) a receipt indicating the escrow account my security deposit is in, and 3) a receipt for my security deposit within 30 days of the date indicated by my written notice to vacate (return receipt requested, receipt # inkmarked on the note, envelop, and photocopied!). I will be pursuing him viciously to the full extent of the law. I do not expect to recover this money for many years .
You see, the big dog landlords actually do screw over tenants constantly without the tenants themselves being predisposed to unlawful action. And guess what? It hurts us quite a bit, as we're RENTERS and we don't quite have the income to afford places to RENT OUT. So that thousand bucks + court fees can really jam us up the river.
Well, well, well...Freddy, I'll see you on Friday!
Rueben out We are two peas in a pod, a yin and a yang!
we get first months rent, last months rent and a months security from all tenants. i dont want to chase and sue tenants for damages because i have no security deposit left.
any tenent that dosnt have at least 3 months reserves to give us is not a tenant we even want. its hard enough being a landlord without dealing with tenents who live hand to mouth and their financial problems are my problems. sorry but we aint family!.
Ah Rueben,
Read some threads by the poster Molliesue.
Quote:
Originally Posted by Rueben
Ah Steve,
I registered here just to post for you. I love people like you - in fact, I am just like you! But I represent the other side of the fence. I am a tenant.
I am currently in the process of plotting a triple damages suit against a landlord who failed to return my security deposit. He is the 5th of 5 - every single landlord I have ever rented from - who has failed to return my security deposit.
Now here is some information you may toss aside (and rightfully so, hearsay is for the dogs!): I am a meticulous person. I have been diagnosed with OCD from an early age. I leave every apartment I enter in BETTER condition than when I leave. Yet call it luck, or perhaps my low income and subsequent low-income housing (of course)...every one of my landlords to date has kept my security deposit. I have a judgment out on 1 of the landlords, and a wage garnish slowly paying me back on another years later.
Unfortunately for Freddy this time I am extremely armed and dangerous. Poor Freddy failed to send me the following: 1) a statement of condition, 2) a receipt indicating the escrow account my security deposit is in, and 3) a receipt for my security deposit within 30 days of the date indicated by my written notice to vacate (return receipt requested, receipt # inkmarked on the note, envelop, and photocopied!). I will be pursuing him viciously to the full extent of the law. I do not expect to recover this money for many years .
You see, the big dog landlords actually do screw over tenants constantly without the tenants themselves being predisposed to unlawful action. And guess what? It hurts us quite a bit, as we're RENTERS and we don't quite have the income to afford places to RENT OUT. So that thousand bucks + court fees can really jam us up the river.
Well, well, well...Freddy, I'll see you on Friday!
Rueben out We are two peas in a pod, a yin and a yang!
Everyone is taking up for the landlord when in fact the landlord in most casses is the one stating that you will be paying first and last months rent at the time you sign the lease. This is rather unethical if you ask me. You want the tenant to do the right thing but you as a landlord have entered the whole agreement misleading the tenant. Just maybe if you were up front with the tenant ,you wouldn't have any problems at the end of the lease.
Everyone is taking up for the landlord when in fact the landlord in most casses is the one stating that you will be paying first and last months rent at the time you sign the lease. This is rather unethical if you ask me. You want the tenant to do the right thing but you as a landlord have entered the whole agreement misleading the tenant. Just maybe if you were up front with the tenant ,you wouldn't have any problems at the end of the lease.
Whatever point you're attempting to make is confusing. What is "unethical" about a LL asking for first, last and one month's security upon the signing of a lease agreement? There's nothing unethical, illegal or misleading about it. If this is what a LL requires and you can't provide it then you look elsewhere.
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We are two peas in a pod, a yin and a yang!
