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My parents rented a house from a private owner 16 years ago. At the time, my parents were going through a bankruptcy, the owner knew this, and allowed them to move in with just the first month's rent up front. My mother has since passed away, but my father has been there the entire time. He's a good tenant, takes care of the property, pays his rent on time except in rare occasions (Rent is paid in person, a few miles away, he's been known to be a few days late during a blizzard, etc).
About 8 years ago, the owner neglected to send a lease renewal one year. My dad questioned it, and was told 'what? after all this time, I'm supposed to worry about a piece of paper? You pay your rent, you're good to me, I'm good to you, life is good." So, dad's been month to month for almost a decade, with no issues on either side.
This week, dad gets a lease renewal in the mail. Rent is going up, very slightly. No big deal. But.... Now the landlord wants a hefty security deposit? And dad, on a fixed income and living month to month, has to come up with nearly $1000 in 25 days??? Can the landlord do this? The rental is in NJ.
Ask the LL if the deposit can be made in payments. Negotiate what Dad can pay, like $100 a month extra till the deposit is paid. If it's gone this long with no deposit, the LL proably will be amenable to it.
I don't see anything illegal with asking for a deposit, even under these circumstances, unless you have some unusual state law that would apply. So yes, the LL is probably within their rights to ask for this.
Odd that they asked for one after all this time, though. You have to figure that most of the large ticket damage categories (paint, carpet, etc) could be considered normal wear and tear after all this time. And if rent has been paid every month for 16 years, by a person on a fixed income, one would assume it will continue to be paid.
This may be a little insensitive, but the only reason I can think of to ask this is if the LL is thinking he may get stuck without a last month's rent, and with an apartment of stuff to dispose of, if your father passes away. We had a long time tenant in one of our properties die last year, and it took her kids almost 6 weeks to remove all the belongings and clean, and they didn't pay rent for any of that time.
I agree with Shane, see if he can split it up into partial payments. And make sure to get a receipt for the payments.
I wonder if the LL is thinking to about repairs and replacement stuff ( carpets /appliences) .. and intends to stick "dad" for that stuff as well .. after all 16 yrs is a long time and living happens.. I also wonder if this is not some thing the LL kids came up with to "help" the owners/family out with in hard times .. I think if dad was smart he would say no thanks I'm moving .. To me the LL is being greedy this late in the game with asking a sec dep from a long term tenant ..
I also think maybe that they want "dad" to move out and this is the easy way for them to push him into leaving .. He moves they can raise the rent and they think they will come out ahead .. .. I would find your aging parent a nice seniors complex where he can still be on his own and enjoy life .. he would be futher ahead I think ..
I wish him luck of course and remember give the proper 30 day notices .. Something they didnt give him ( you said 25 days .. uhh they cant do that )
Quote:
Originally Posted by Lacerta
This may be a little insensitive, but the only reason I can think of to ask this is if the LL is thinking he may get stuck without a last month's rent, and with an apartment of stuff to dispose of, if your father passes away.
. I would find your aging parent a nice seniors complex where he can still be on his own and enjoy life .. he would be futher ahead I think ..
I agree..
links to help the OP, HUD Elderly Housing and NJ landlord tenant law. OP
Should your father apply to HUD Elderly housing, he may have to wait 6 months or longer, but in the mean time you still need to pay the deposit the owner has requested and hes on a fixed income he may qualify with agencies that can help with money... the NJ LL/T link provides some good resources for contacts.
Thanks for all the help and suggestions. I told dad to talk directly to the landlord about this. I suspect this is either coming from the LL's family, or coming because they are trying to get dad to move out. After 16 years of minimal rent increases, the current rent is well below current market rates.
I've suggested for several years that dad move to a senior complex, but at 80, he tells me "I don't want to live with all those old people".
We'll see what happens when he talks to the LL.
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