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While intent of security deposit is against damages to the apartment, yes it is sometimes often offered/taken for application towards back rent. However the LL cannot say they are keeping the security deposit *and* neither apply it towards damages (if any) and or unpaid rent (if any).
Also it would be easier to follow your posts if you used paragraphs. It is very hard to understand what you are saying when everything is one huge block of text.
OK I will break it down for you in a way that is easy to read.
I did not pay Januarys rent.
I told them I need to get out of my lease due to financial problems they told me they will charge me rent up to the day I leave. So if I leave april 9th I will owe them the following when I leave:
1) Januarys Rent
2) 9 Days of rent in April
Now they have agreed to let me out of the lease, however they want to get paid for Januarys rent and up to whatever day I stay in april.
They still told me no part of my security will be applied to rent or be given back after I leave because since I broke the lease I lose my security.
People thinking I am trying to cheat them I am not. I would like to pay them for January and up to whatever day I stay in April as that was their agreement they made with me. However, to not either apply my security to past rent or give it back after I am caught up with rent payments is ILLEGAL from everything I read unless someone can tell me otherwise. I would really like to get a firm CORRECT LEGAL answer to this. Thank you everyone so far for all of your responses.
OK I will break it down for you in a way that is easy to read.
I did not pay Januarys rent.
I told them I need to get out of my lease due to financial problems they told me they will charge me rent up to the day I leave. So if I leave april 9th I will owe them the following when I leave:
1) Januarys Rent
2) 9 Days of rent in April
Now they have agreed to let me out of the lease, however they want to get paid for Januarys rent and up to whatever day I stay in april.
They still told me no part of my security will be applied to rent or be given back after I leave because since I broke the lease I lose my security.
People thinking I am trying to cheat them I am not. I would like to pay them for January and up to whatever day I stay in April as that was their agreement they made with me. However, to not either apply my security to past rent or give it back after I am caught up with rent payments is ILLEGAL from everything I read unless someone can tell me otherwise. I would really like to get a firm CORRECT LEGAL answer to this. Thank you everyone so far for all of your responses.
Wait, you haven't paid January 2016 rent? It is now April that means you owe *four* (4) months rent, or whatever amount of days you remain in that apartment this month if that is how they are playing.
If this is true (and correct me if am wrong) even with forfeiting the security deposit you'll still owe two months rent ( January and February), with one month's rent (March or wherever they apply it) paid via the security.
Should this be the case you need to see an attorney. The one month security (even if they do decide to take it and or forced to by the courts) leaves you still owing three months rent that technically can be turned into a judgment against you.
You should be happy you are being let out of the lease with having to JUST paying the security as a penalty. MANY leases if you end early you still have to pay the remaining months. Cough up the money and move on with life. They will come after you for the money you own and it will ruin your chances of renting an apartment again.
You should be happy you are being let out of the lease with having to JUST paying the security as a penalty. MANY leases if you end early you still have to pay the remaining months. Cough up the money and move on with life. They will come after you for the money you own and it will ruin your chances of renting an apartment again.
I thought the same but OP is saying (if I have it correctly) the LL will keep the security deposit as a "fine" and not apply it to any back rent *nor* return it if the apartment is left in good condition.
If he or she only owed two months rent (March and April) I'd suggest moving out before end of this month and call the LL's bluff. But with nearly four months back rent (again IIUC) she or he is still on the hook for some serious money.
I did not pay Januarys rent. However I DID PAY rent for February and March. At this current time I owe:
1) 1 Month Full Rent for January 2016
2) 8 Days of rent for April 2016. (Management told me I would be responsible for the rent up until the day I decided to vacate which was today, 4/8/16. (Not for the entire month of April.)
Everything else is fully paid for. The 2 requests above is what management is asking for. They are completely reasonable requests and I have no problem with paying them. However, I have asked to use my security to pay for Januarys rent and I also requested to pay Januarys rent and the 8 days for April but have my security returned to me. They refuse to use my security to pay missed rent and refuse to return my security eventually if I was to pay up for January and April immediately. I understand that breaking a lease is an issue but it happens, people get laid off, people move in with significant others, etc. It is something a landlord knows they will have to deal with if they want to be a landlord. However that does not give them the right to break the law and KEEP MY SECURITY and not put it towards rent payments or damage as required by law. If security is not put towards missed rent payments or damages then it must be returned to the tenant within a reasonable amount of time after they vacate and all the rent is paid and apartment is in good condition. This is something they refuse to do. They said "You broke the lease so you forfeited your security". That was they're exact words and that is illegal. Hopefully everyone can understand now and advise me on how to handle this.
I did not pay Januarys rent. However I DID PAY rent for February and March. At this current time I owe:
1) 1 Month Full Rent for January 2016
2) 8 Days of rent for April 2016. (Management told me I would be responsible for the rent up until the day I decided to vacate which was today, 4/8/16. (Not for the entire month of April.)
Everything else is fully paid for. The 2 requests above is what management is asking for. They are completely reasonable requests and I have no problem with paying them. However, I have asked to use my security to pay for Januarys rent and I also requested to pay Januarys rent and the 8 days for April but have my security returned to me. They refuse to use my security to pay missed rent and refuse to return my security eventually if I was to pay up for January and April immediately. I understand that breaking a lease is an issue but it happens, people get laid off, people move in with significant others, etc. It is something a landlord knows they will have to deal with if they want to be a landlord. However that does not give them the right to break the law and KEEP MY SECURITY and not put it towards rent payments or damage as required by law. If security is not put towards missed rent payments or damages then it must be returned to the tenant within a reasonable amount of time after they vacate and all the rent is paid and apartment is in good condition. This is something they refuse to do. They said "You broke the lease so you forfeited your security". That was they're exact words and that is illegal. Hopefully everyone can understand now and advise me on how to handle this.
Yes, we got that, but how can you have not paid January 2016 rent but still have been current February and March? That is where you are losing everyone.
Most all landlords apply rent paid to any outstanding arrears first. So if you owed paid no rent on January 1st, but paid rent anytime in February that money would have gone to the prior month's arrears first. Thus you still would have owed February 2016.
Unless your LL is doing some rather funky bookkeeping what happened to March and February rent? If your LL allowed you to cherry pick when months the rent was applied then he is waking a dangerous line himself.
You don't seem to understand what im saying either. if I pay the rent I owe I DO NOT get the security back because they said I broke the lease so they can keep my security even if I paid every single month owed and they agreed to let me out of the lease they still KEEP my security in their words "BECAUSE I BROKE THE LEASE" That is illegal
When I said to "pay the rent you owe" I was including all months in the lease, which is normally what you would get stuck with if you didn't have LL's who were willing to let you out of the lease. If they offered you the opportunity to get out of your lease with the only penalty being that they get to keep $1400, then why wouldn't you accept that?
They could play hard-ball and tell you that you are on the hook for the entire lease, and not allow you to break it at all, and in that case it sounds like you would owe a lot more than $1400. Although I don't exactly remember what month your lease is up (am not sure you provided that information).
And you're right, I was confused. Because you presented your information in a confusing way.
I only missed one month rent I only said January because that's what the management company refers to it as. However u want to look at it I lived there about 13 months and am 1 month behind in rent. Im too tired to keep explaining.
I only missed one month rent I only said January because that's what the management company refers to it as. However u want to look at it I lived there about 13 months and am 1 month behind in rent. Im too tired to keep explaining.
Look, do yourself a favor, seek legal counsel. I for one am out. Both you and your LL sound confused and both of your stories are suspect. Nothing you are saying makes any sense to those of us who have lived in NYC and rented apartments, RS or not.
It is April but you and your LL say you only owe January rent. LL won't return security deposit under any circumstances..... The pair of you need to go before a housing court judge and let him or her sort it out.
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