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Old 12-24-2015, 02:21 AM
 
1 posts, read 1,001 times
Reputation: 10

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We moved out after 2 years but Decided to not pay the rent for the last two months because the landlord has our last two months deposit. Landlord still wants to go for trial of the last two months rent that we did not pay . What the judge will normally order here, as the last two months is paid anyway.
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Old 12-24-2015, 03:57 AM
 
Location: SoCal
20,160 posts, read 12,756,236 times
Reputation: 16993
You need to read the contract.
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Old 12-24-2015, 10:47 AM
 
Location: TOVCCA
8,452 posts, read 15,039,467 times
Reputation: 12532
Pay the last 2 months and landlord will be required to pay you back the deposit. Deposits are for cleaning and damage, and can't be used to pay rent unless the landlord specifically agrees (in writing hopefully).

Try to do this out-of-court. If you get a judgement against you, it seriously wrecks you for renting elsewhere in the future.
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Old 12-24-2015, 11:44 AM
 
27 posts, read 28,010 times
Reputation: 19
I rented out my condo and my tenant pulled the same thing on me, except that it was 1 month's rent. I think you are the one being unfair, not the landlord. Go read up on California rental laws. Security deposit cannot be mistaken for rent. Depending on the terms of the contract, you most likely have to separately pay those two months' rent and then the landlord can return your SD deducting cleaning fees.

The landlord is not greedy. You are the one being unfair to him/her.
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Old 12-24-2015, 12:06 PM
 
Location: Southern California
12,713 posts, read 15,529,606 times
Reputation: 35512
Simple. Security deposit is NOT rent. It is to cover for damages. Pay your rent already and you will be given back what you are due in your security deposit.
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Old 12-24-2015, 12:53 PM
 
Location: West Los Angeles and Rancho Palos Verdes
13,583 posts, read 15,657,392 times
Reputation: 14049
Why didn't you pay the last two months and then request your deposit returned?
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Old 12-24-2015, 01:29 PM
 
4,795 posts, read 4,821,734 times
Reputation: 7348
So you didn't pay rent for 2 months and broke a legal binding contact and the landlord is greedy. Yeah. Not only are you going to lose in court but you'll never be able to rent another place again after its over
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Old 12-24-2015, 01:32 PM
 
Location: Sherman Oaks, CA
6,588 posts, read 17,548,321 times
Reputation: 9463
OP, please see this link:

Security Deposits - housing_selfhelp

It details everything you need to know about how security deposits can be used. You're the one in the wrong here, unfortunately. I'm not sure how the judge will rule, but you should have paid your rent during the last two months of your residency.
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Old 12-24-2015, 03:27 PM
 
Location: California
37,135 posts, read 42,203,740 times
Reputation: 35012
Gotta love "...decided not to pay rent" as if it was ever an option.
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Old 12-24-2015, 03:55 PM
jw2
 
2,028 posts, read 3,265,760 times
Reputation: 3387
Peter, you will lose. I assume the landlord has filed a 3-day Pay or Quit (or similar) and has now filed an Unlawful Detainer. You are now in the system. Congratulations.

The judge will rule in favor of the landlord and a judgement will be against you. It is really simple, you have not paid rent. Congratulations again, you now have an eviction on your record.

Good luck on your next rental. Your next employer will have access to it. What is his reaction going to be? Peter, don't make this big mistake! You have nothing to gain and a lot to lose.
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