Welcome to City-Data.com Forum!
U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > U.S. Forums > North Carolina > Raleigh, Durham, Chapel Hill, Cary
 [Register]
Raleigh, Durham, Chapel Hill, Cary The Triangle Area
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 11-08-2011, 09:56 AM
 
58 posts, read 62,121 times
Reputation: 21

Advertisements

Thanks, everyone, for the replies. This is such a great community!
Reply With Quote Quick reply to this message

 
Old 11-08-2011, 11:26 AM
 
6,297 posts, read 16,089,036 times
Reputation: 4846
Because they're not allowing you to use the deposit as the last month's rent, it sounds like they might be planning to say you didn't leave the place in good shape and using that as an excuse to keep your deposit. Make sure to document everything -- I recommend taking photos and writing up descriptions of each room as well as videos showing how you left it.

Ultimately, you might not be able to get anything out of them, but it's better to be fully prepared.
Reply With Quote Quick reply to this message
 
Old 11-08-2011, 11:35 AM
 
4,598 posts, read 10,150,333 times
Reputation: 2523
Quote:
Originally Posted by lovebrentwood View Post
Because they're not allowing you to use the deposit as the last month's rent, it sounds like they might be planning to say you didn't leave the place in good shape and using that as an excuse to keep your deposit. Make sure to document everything -- I recommend taking photos and writing up descriptions of each room as well as videos showing how you left it.

Ultimately, you might not be able to get anything out of them, but it's better to be fully prepared.
Yes definitely. Also read up on your tenant rights.

Landlord/Tenant Handout
Reply With Quote Quick reply to this message
 
Old 11-08-2011, 12:20 PM
 
Location: Cary, NC
43,265 posts, read 77,043,330 times
Reputation: 45612
It is just good basic business practice on the part of the landlord to not allow a tenant to use the security deposit for the last month's rent.
And certainly not a tenant entitlement to do so.

Lots of things can happen to a dwelling in a month and a move out, and if the security deposit is earmarked for rent, how does the landlord collect for damages?
Reply With Quote Quick reply to this message
 
Old 11-08-2011, 04:45 PM
 
82 posts, read 169,555 times
Reputation: 71
But if your lease does not specifically exclude using your security deposit as your last month's rent, I'd risk it and just do it...

I rented a home with a similar cash-strapped landlord and just told him that's what I was doing, period. We argued, but I just stood my ground and left him a property that was clean and tidy. We did allow him to show the property during that last month, but frankly we improved it and he was lucky to have us...

While there are many "tenant from hell stories" frankly my experiences have given me many "landlord from hell" tales! We now only rent from professionally managed properties that we can trust.
Reply With Quote Quick reply to this message
 
Old 11-08-2011, 05:03 PM
 
9,680 posts, read 27,153,963 times
Reputation: 4167
Quote:
Originally Posted by Lilulay View Post
Thanks for your reply, Kevin.

Really? I thought that the interest belonged to them? I'm confused. I haven't received any 1099-INT forms from any of my NC landlords before.
You are correct. You are not required to receive interest on rental security deposit in NC. Some other states require it.
Reply With Quote Quick reply to this message
 
Old 11-08-2011, 05:07 PM
 
9,680 posts, read 27,153,963 times
Reputation: 4167
Quote:
Originally Posted by Lilulay View Post
We already requested that they use the one-month's deposit to cover the final month's rent (as is legal, I understand, if they so choose). We were flatly denied. We figured it was worth a shot since the house is pretty much decaying away and they have no interest in repairing. All the more annoying when you find out he's a contractor (who, ironically, specializes in the manufacturing and installation of one of the biggest problem areas in the home). We are pretty much counting on our money disappearing but to know if it was ever handled correctly from the beginning is worth knowing.
Do that anyway.It takes longer than 30 days to evict you. Take the last month as your refund.
Reply With Quote Quick reply to this message
 
Old 11-08-2011, 05:10 PM
 
8,583 posts, read 16,003,675 times
Reputation: 11355
Quote:
Originally Posted by D2C21GC View Post
But if your lease does not specifically exclude using your security deposit as your last month's rent, I'd risk it and just do it...

I rented a home with a similar cash-strapped landlord and just told him that's what I was doing, period. We argued, but I just stood my ground and left him a property that was clean and tidy. We did allow him to show the property during that last month, but frankly we improved it and he was lucky to have us...

While there are many "tenant from hell stories" frankly my experiences have given me many "landlord from hell" tales! We now only rent from professionally managed properties that we can trust.

I was thinking exactly the same thing. It is a huge process to evict so no way would he go through that if you are leaving at the end of the month.
He can't claim you didn't pay the last months rent without exposing himself to not returning the deposit..
Reply With Quote Quick reply to this message
 
Old 11-08-2011, 05:12 PM
 
Location: Cary, NC
43,265 posts, read 77,043,330 times
Reputation: 45612
Quote:
Originally Posted by D2C21GC View Post
But if your lease does not specifically exclude using your security deposit as your last month's rent, I'd risk it and just do it...

I rented a home with a similar cash-strapped landlord and just told him that's what I was doing, period. We argued, but I just stood my ground and left him a property that was clean and tidy. We did allow him to show the property during that last month, but frankly we improved it and he was lucky to have us...

While there are many "tenant from hell stories" frankly my experiences have given me many "landlord from hell" tales! We now only rent from professionally managed properties that we can trust.
One can get away with not paying the last month's rent easily enough.
It takes longer to evict than a month.
It doesn't make it admirable or smart to do so.

Failure to pay rent is serious business, though. And the OP is in a sticky situation, with 20 months of residency and the possibility of not getting a good landlord reference.
Going forth in good faith, and by the book is the proper response to LL issues.

Sure, there are plenty of crummy LLs out there. And the good or bad landlords can take a real hit from tenants who beat up their assets. It certainly happens, and a bad tenant can wipe out a small landlord's profit for the year very easily.
Reply With Quote Quick reply to this message
 
Old 11-08-2011, 05:16 PM
 
9,680 posts, read 27,153,963 times
Reputation: 4167
Quote:
Originally Posted by MikeJaquish View Post
One can get away with not paying the last month's rent easily enough.
It takes longer to evict than a month.
It doesn't make it admirable or smart to do so.

Failure to pay rent is serious business, though. And the OP is in a sticky situation, with 20 months of residency and the possibility of not getting a good landlord reference.
Going forth in good faith, and by the book is the proper response to LL issues.

Sure, there are plenty of crummy LLs out there. And the good or bad landlords can take a real hit from tenants who beat up their assets. It certainly happens, and a bad tenant can wipe out a small landlord's profit for the year very easily.
I agree, Mike. The tenant could demand by certified letter the name and account number of the trust account.

If no satisfaction, then the last month should be withheld.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:




Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > North Carolina > Raleigh, Durham, Chapel Hill, Cary
Similar Threads

All times are GMT -6. The time now is 09:25 AM.

© 2005-2024, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top