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I am a student and renting a single room in a 4 bedroom house. I have deposited one month's rent as security deposit. The landlord has not informed us, but the house has been up for foreclosure for the last 6 months. Three of the tenants have moved out, one after the other and none of them got the advance deposit back and they are lazy enough to not to go to small claim court for security deposit. The landlord is still inviting new tenants to the house without informing them that the house is up for foreclosure.
I am on a month to month contract living here for last 10 months. I have given her one month's rent as security deposit. My contract says I cannot use my security deposit as my last month's rent.
I am planning to move out after giving 30-days advance notice. I am very sure that I will not get the advance deposit back from her as she did it with the previous tenant. Will it be okay to use the security deposit as last month's rent?
I am a student and renting a single room in a 4 bedroom house. I have deposited one month's rent as security deposit. The landlord has not informed us, but the house has been up for foreclosure for the last 6 months. Three of the tenants have moved out, one after the other and none of them got the advance deposit back and they are lazy enough to not to go to small claim court for security deposit. The landlord is still inviting new tenants to the house without informing them that the house is up for foreclosure.
I am on a month to month contract living here for last 10 months. I have given her one month's rent as security deposit. My contract says I cannot use my security deposit as my last month's rent.
I am planning to move out after giving 30-days advance notice. I am very sure that I will not get the advance deposit back from her as she did it with the previous tenant. Will it be okay to use the security deposit as last month's rent?
No, security deposits are for damage to the place, not rent. You will need to take her to small claims court if she doesn't return your deposit. Check your state landlord/tenant laws (there is a sticky with links at the top of the thread page), in some states they can be forced to pay even more back if they fail to return the deposit in a timely manner. Takes lots of pictures before returning the keys.
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No, security deposits are for damage to the place, not rent. You will need to take her to small claims court if she doesn't return your deposit. Check your state landlord/tenant laws (there is a sticky with links at the top of the thread page), in some states they can be forced to pay even more back if they fail to return the deposit in a timely manner. Takes lots of pictures before returning the keys.
??? ??? ??? Who is going to force an insolvent landlord to pay even more back???
I wouldn't pay last month and tell her to use last month security deposit instead... How will your landlord collect her last month, huh? What is the worst case scenario there?
IMHO - she might give a bad referral for you to the next landlord, but I don't think it's a big deal. She might go to the small claims court (and then you will get your security deposit back as well, + maybe a small penalty or something). Will she go to the court where you might also bring her illegal practices in broad light? (really, huh)
I wouldn't pay last month, but I'm not a lawyer.
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