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Old 01-30-2014, 01:19 PM
 
20 posts, read 195,239 times
Reputation: 33

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Hello,

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?

Please advice, I cannot afford to lose 1500$.

Thanks
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Old 01-30-2014, 01:30 PM
 
377 posts, read 665,223 times
Reputation: 146
It is illegal to use the security deposit like that. It is also required to be in an account earning interest. Only way the sec deposit could be used is for any damage you might have caused or rent you failed to pay, and even then you have to be notified.
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Old 01-30-2014, 01:44 PM
 
31 posts, read 57,680 times
Reputation: 16
Quote:
Originally Posted by Fast GTO View Post
It is illegal to use the security deposit like that. It is also required to be in an account earning interest. Only way the sec deposit could be used is for any damage you might have caused or rent you failed to pay, and even then you have to be notified.
Illegal isn't the right word. No one is going to arrest him if he does it. If the LL keeps it your only recourse is to sue them. As a matter of course I always live out my security deposit and if they claim damages I repair or pay to repair. I don't ever want the LL having the leverage.
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Old 01-30-2014, 02:00 PM
 
20 posts, read 195,239 times
Reputation: 33
Quote:
Originally Posted by afer1500 View Post
Illegal isn't the right word. No one is going to arrest him if he does it. If the LL keeps it your only recourse is to sue them. As a matter of course I always live out my security deposit and if they claim damages I repair or pay to repair. I don't ever want the LL having the leverage.
Exactly, I cannot have him hold 1500 of my money specially when I know he is going to somehow screw nme over.

For the other case "security deposit will cover any damages and unpaid rent" - wouldnt this fall under that clause? "unpaid rent" since I am not paying the last months rent?

Also, I am ready to forfeit the deposit and also hand him a check for any damages on the day of the inspection. So basically, he does not incur any losses at all..
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Old 01-30-2014, 03:37 PM
 
377 posts, read 665,223 times
Reputation: 146
I believe it actually is illegal according to state law and policy...you just don't get arrested for it and have to sue.
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Old 01-30-2014, 04:26 PM
 
20 posts, read 195,239 times
Reputation: 33
Quote:
Originally Posted by Fast GTO View Post
I believe it actually is illegal according to state law and policy...you just don't get arrested for it and have to sue.
Lets say and I do not pay the last months rent and he does take me to court, what damages can he claim? What would be my financial hit?

Please note: I am forfeiting the deposit and willing to pay for all damages to the property if any..

Also note, the LL is refusing to share his postal address or telephone number. He is even ignoring my emails requesting him to set up an inspection.
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Old 01-31-2014, 08:27 AM
 
Location: Metro Washington DC
15,432 posts, read 25,818,588 times
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If you don't pay the final months rent, does that adversely affect your credit?
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Old 01-31-2014, 08:56 AM
 
20 posts, read 195,239 times
Reputation: 33
Quote:
Originally Posted by dkf747 View Post
If you don't pay the final months rent, does that adversely affect your credit?
I am not sure if the LL can report it to anyplace which would hit your credit. But if he does take you to court and get you evicted, yes it will hit your credit
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Old 01-31-2014, 09:21 AM
 
31 posts, read 57,680 times
Reputation: 16
Quote:
Originally Posted by Fast GTO View Post
I believe it actually is illegal according to state law and policy...you just don't get arrested for it and have to sue.
That's not the case. It's purely a contract issue. On the other hand if the LL is improperly keeping the SD the OP may sue for treble damages (3x). The problem becomes collecting on the judgment.
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Old 01-31-2014, 10:59 AM
 
23,838 posts, read 23,127,661 times
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Quote:
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).
I'm a bit confused with how paying on the 1st of the month is actually paying for last months rent. If that is the case, when you paid your first rent check, you were paying for days/weeks that you weren't living there? If so, then that means he owes you a credit for the same number of days, which could/should be applied to the last days you live there.

Something smells. I'd confront him and his scheme sooner rather than later, starting with questions surrounding the above.
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