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.
The basic problem is that it is not worth most tenant's time or money to go after the landlord for the deposit. The converse is not quite as true, so landlords have a leg up. In response to Austin-Steve's bragging, I am just withheld the last month's rent. My landlord threatened exactly the same things Austin-Steve did, but eviction was not legal in my state, and I could care less about the effect on my credit---no need for loans!
What are renters supposed to do regarding the last month of a lease assuming the landlord is given 30 days notice. Do most renters use the security deposit as the last month? What happens when a renter is paying for two places at once? Wondering what the consensus is. I live in Westchester County, by the way. Thanks.
Your Landlord was suppose to put your security deposit into a savings account where is would have been drawing interest all this time. Then, barring any unforseen damages to the apartment, that security deposit should be returned to you with the interest included. If the Landlord has not done this, he still owes you the security deposit back with interest then from his own pocket. Find out if the Landlord has in fact put your security on deposit somewhere, ask for it back after he does his walkthrough then make your decision whether to pay last months rent out of your pocket or out of the security. Getting difficult to rent now a days, huh? Good luck!
About your standard procedure for collecting from tenants who refuse to pay you the last month's rent. I can say that, in my case at least,
"If you did it as my tenant, you'd have an eviction notice by the 8th, and you'd be in JP Court within 10 days with the Judge explaining why he just issued a judgment for triple your rent amount plus unpaid rent. You'd leave court sullen, felling like a victim, but you would have created your own circumstance. Not only that, you'd have 5 days to move out or we re-file with the Constable and come set your stuff on the curb. All of this would happen before the end of the month. We don't mess around and we don't listed to stories or apologies or begging forgiveness."
Well, I'm honestly not sure whether to called this bragging, browbeating, or bluster. Which do you think? I have to say that you must not value your relationship with your ex-tenants much if this is what happens the second rent is late. I do not live in Texas, and I grant that it is possible that all this would really happen. But I'd wager that I would have been able to avoid eviction long enough to move into my new house, and that you would never get a dime more out of me.
About your standard procedure for collecting from tenants who refuse to pay you the last month's rent. I can say that, in my case at least,
"If you did it as my tenant, you'd have an eviction notice by the 8th, and you'd be in JP Court within 10 days with the Judge explaining why he just issued a judgment for triple your rent amount plus unpaid rent. You'd leave court sullen, felling like a victim, but you would have created your own circumstance. Not only that, you'd have 5 days to move out or we re-file with the Constable and come set your stuff on the curb. All of this would happen before the end of the month. We don't mess around and we don't listed to stories or apologies or begging forgiveness."
Well, I'm honestly not sure whether to called this bragging, browbeating, or bluster. Which do you think? I have to say that you must not value your relationship with your ex-tenants much if this is what happens the second rent is late. I do not live in Texas, and I grant that it is possible that all this would really happen. But I'd wager that I would have been able to avoid eviction long enough to move into my new house, and that you would never get a dime more out of me.
It's a description of the administrative/judicial process that happens to tenants who don't pay rent in Texas. Other states may be different, but in Texas the steps are straight forward and simple. No pay, no stay.
I don't think it's "bragging" or "bluster" to make factual statements.
A 10 year old can figure out how to extend an eviction beyond 30 days. And, most people can secure a new rental without a referral from their current landlord (eg proof of timely payments). So truly, it is just up to what you want to do. We are ending a lease - have a home that we closed on over 6 weeks ago and have a property management company that we suspect will try to keep our deposit. I considered using the security for rent, and decided that I would just sue them for treble damages if they attempted to retain the security deposit instead.
Not supposed to do it but sooooooooo many landlords screw tenants out of their deposits. You can leave a place spotless with almost no damage yet somehow landlords find something that needs to be cleaned and charge $500 for it.
If you paid 1st, last and deposit your last month is already paid for, correct? The deposit is for any damages which you will get back whatever amount isn't used to rehab the place after you leave. So if I paid all three at move in I should not have to pay rent for the last month I'm there right?
If you paid 1st, last and deposit your last month is already paid for, correct? The deposit is for any damages which you will get back whatever amount isn't used to rehab the place after you leave. So if I paid all three at move in I should not have to pay rent for the last month I'm there right?
If the payment was actually for (that means its documented) the first mioneth, last moneth and security deposit, the first month was paid at the start as was the last month. You do not need to pay the last month since you already paid it. However, you need to make sure that is exactly what its says in your doumentation as sometimes thats what people think its for and was told, but in their documenation is shows up as a security deposit. Also, makes sure no claims for that last month was made such as that month after getting back from Vegas where things are not so clear as to what the heck happen and you forgot to pay that months rent and they used it for that purpose.
If you paid 1st, last and deposit your last month is already paid for, correct? The deposit is for any damages which you will get back whatever amount isn't used to rehab the place after you leave. So if I paid all three at move in I should not have to pay rent for the last month I'm there right?
Uh, if you're asking "should I have to pay last month's rent twice", then the answer is "no, of course not".
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.
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.
