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Tell you what - when I leave this complex after having lived here for several years & faithfully paid my rent on time, I will ask them what they think of my overall tenancy. Given the range of personalities that generally exist in most complexes, I don't think they'll have a problem with me.
Can I ask you how much you have paid for the security deposit and if you don't want to tell me what percentage is the deposit higher than the monthly rent?
I do respect it that you are open and honest about your way of thinking although I disagre but understand a little why you are doing it.
Texas is just like many states actually;the landlord has to go to court and win a cliam. Then of course he has to be able to enforce the claim.Getting a judgement and getting the money are two different things.Just as if the landlord refuses to give back the deposit then you can get a judgement but again you may not get the money.
Texas is just like many states actually;the landlord has to go to court and win a cliam. Then of course he has to be able to enforce the claim.Getting a judgement and getting the money are two different things.Just as if the landlord refuses to give back the deposit then you can get a judgement but again you may not get the money.
The judgment is obtained very easily when attached to the eviction suit. Evictions are slam dunks. In Texas, the tenant has no defense for not paying rent. The JP Court Judge doesn't want to hear stories, rationale, etc. They simply ask "have you paid your rent or not?"
With a narrow exception involving deduction for certain repairs after the landlord has ignored requests, there is no legal reason for not paying rent in Texas, and a judgment will be issued for possession of the property (tenant is kicked out and has 5 days to move) and unpaid rent.
Once the judgment is issued, it will be picked up by the three credit bureaus and then be part of the credit report. We then turn over the default account to a collection company, which adds 40% to the amount due as their fee, and they go after the deadbeat tenant.
I've had tenants call me as much as 5 or 6 years later wanting to pay their delinquent account because it's preventing them from buying a home. It accrues 18% interest over the years, per the judgment, plus the collection company fee. So the final amount paid is substantially higher then the original amount avoided.
Finally, when we don't receive a rent payment from a tenant and it's their final month, we skip the normal late notice letter and go straight to the eviction notice , precisely because of what you've read here about how some tenants think it's ok the not pay the last month's rent.
I've had tenants over the years (been doing this since 1990) in my office crying and begging that we please just let them pay and drag them to eviction court. Once we've filed it, I just say "tell it to the judge".
We keep it in court because once a tenant has made me drive down and file everything at the courthouse, we're in a different ball game. They will have to pay me in front of the judge, cash or money orders, or walk out with a judgement. Those are the only two outcomes available
Well I have had nice landlords and nasty ones.
The nice one I explained I had lost my job and would pay the remainder of my lease if he would accept payments. He said I could do that or find him another tenant. He wasnt ticked at all. It was just a business deal. I had the apartment spotless and found him three tenants. He approved the one and I told him to keep my deposit anyway because he was understanding.
Another NASTY one who was a total slum lord threatened court action. Now mind you this was a special circumstances where the property was not up to code along with major health violations. I told him to go ahead and sue and gave him copies of all the documented problems. Shut him up quite quickly. This was an extreme circumstance though where it could of cost him more than what he would of won.
Right now...My lease states that the deposit can be used to pay any remaining due rent. The landlord is sorta in the grey area. Not a total phsyco jerk as the one I threatened with evidence. There has been a roach problem here and it is the reason I am having to pay double rent and out a lot of money for extermination supplies/plastic bins/tossing items/etc.
I am just writing a letter 60-75 days before my lease end with the cost of all my supplies stating that I cannot afford the full rent because of these issues with partial payment and my new address with photocopies of the supplies' reciepts.
Since my lease states remaining rent can be covered by deposit I am hoping it is not a problem. I am also including my new address. There is a 50$ late fee if not paid by the 1st. I would just pay it if I could afford it just to not worry about it.
Does that seem like a problem to any of you?
There is no damage I caused - apartment is 100 times cleaner than when I moved in
I am paying at least the trash fee that is not covered by the deposit.
p.s. I am also leaving a nice microwave that would add value to the place because I dont want to bring roaches along inside it. But its a really nice one that works perfectly.
Last edited by pitt_transplant; 03-10-2008 at 11:04 AM..
Reason: edit- addition
The judgment is obtained very easily when attached to the eviction suit. Evictions are slam dunks. In Texas, the tenant has no defense for not paying rent. The JP Court Judge doesn't want to hear stories, rationale, etc. They simply ask "have you paid your rent or not?"
With a narrow exception involving deduction for certain repairs after the landlord has ignored requests, there is no legal reason for not paying rent in Texas, and a judgment will be issued for possession of the property (tenant is kicked out and has 5 days to move) and unpaid rent.
Once the judgment is issued, it will be picked up by the three credit bureaus and then be part of the credit report. We then turn over the default account to a collection company, which adds 40% to the amount due as their fee, and they go after the deadbeat tenant.
I've had tenants call me as much as 5 or 6 years later wanting to pay their delinquent account because it's preventing them from buying a home. It accrues 18% interest over the years, per the judgment, plus the collection company fee. So the final amount paid is substantially higher then the original amount avoided.
Finally, when we don't receive a rent payment from a tenant and it's their final month, we skip the normal late notice letter and go straight to the eviction notice , precisely because of what you've read here about how some tenants think it's ok the not pay the last month's rent.
I've had tenants over the years (been doing this since 1990) in my office crying and begging that we please just let them pay and drag them to eviction court. Once we've filed it, I just say "tell it to the judge".
We keep it in court because once a tenant has made me drive down and file everything at the courthouse, we're in a different ball game. They will have to pay me in front of the judge, cash or money orders, or walk out with a judgement. Those are the only two outcomes available
Is it worth it?
Steve
That is clear! I never had this issue coming up but have a friend who thinks she can do the same a some here and doesn't think she is doing anything wrong and believes she can do what ever she wants. These people are just selfish, except for the onces who had a bad landlord.
Selfish is a word that I have never heard used to describe me IRL but whatever...my conscious is clear as I always pay my rent on time, cause no damage and don't make frivolous requests of anyone here. I have excellent credit & I actually had a separate conversation with the rental office regarding another provision being added to my lease and this came up, with no bad reaction. As long as there is no damage I fail to see the harm as there is more than enough money in the account to cover the rent. In fact there is a surplus that is owed to me at the end, even after the last month's rent has been paid.
Per your question above my security deposit is 1 1/2 times my monthly rent which is in an interest bearing account.
Quote:
Originally Posted by bentlebee
That is clear! I never had this issue coming up but have a friend who thinks she can do the same a some here and doesn't think she is doing anything wrong and believes she can do what ever she wants. These people are just selfish, except for the onces who had a bad landlord.
Yeh..why is it selfish? Moneys money right?
Is there some sort of paperwork that has to be filed to keep a deposit?
(granted apt is cleaned and not damaged and deposit covers total rental amt)
From what I have heard (my surplus has always been returned) there isn't much the landlord has to do to keep the deposit. It is up to the tenant to sue to get the deposit back if they feel it was unfairly kept or the landlord isn't being responsive with his/her reasoning. Then you have to take off of work, pay court costs etc (my state doesn't award those fees back I believe) & then if the judgement is posted against the landlord, make sure it is enforced. By the time all is said and done the costs of pursuing the landlord make it less then worthwhile. I have known people who lost their security deposit to some less then ethical landlords & they never pursued it; but were sure angry when they got no to minimal response back from the landlord. That is why I do my part by being a good tenant and then try to mitigate the damage if the landlord decides to keep my security deposit when he really shouldn't.
Quote:
Originally Posted by pitt_transplant
Yeh..why is it selfish? Moneys money right?
Is there some sort of paperwork that has to be filed to keep a deposit?
(granted apt is cleaned and not damaged and deposit covers total rental amt)
Hey Austin-Steve... how likely is it that the landlord will try to file suit on a late fee that was charged because the last month's rent was late?
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I never had this issue coming up but have a friend who thinks she can do the same a some here and doesn't think she is doing anything wrong and believes she can do what ever she wants. These people are just selfish, except for the onces who had a bad landlord.
