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Old 09-06-2011, 09:28 PM
 
2 posts, read 52,877 times
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why don't they ask for another deposit from him when they sign a new lease?
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Old 09-08-2011, 11:40 AM
 
Location: Central Mass
4,554 posts, read 4,800,661 times
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Quote:
Originally Posted by ferretkona View Post
Pretty obvious, the landlord continues to keep the deposit.
Not necessarily. Depending on the contract, you usually get your deposit back after the first year if you renew the lease.
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Old 09-08-2011, 10:36 PM
 
370 posts, read 1,559,181 times
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I see this posting keeps popping up. Depends on whose name is on the lease. If you are on the lease then you can give your thirty day notice. You do not get a 3 day notice just because you turn in your 30 day vacate notice! Your new ex will eventually be evicted if he doesn't move of his own free will. Generally however, it is not legal to sublet your apartment or allow someone to stay there without the landlord's permission (and whatever goes with that; i.e., credit check, rental app). The 3 day notice is usually to cure a breach in the rental agreement (late payment, no payment, violation of drug free addendum, etc). IF you can cure the breach (i.e., make the rent current - including late fees) then the notice goes away. I think , in Arizona the Landlord-Tenant Act dictates a 10 day Notice to Vacate followed by the 3 day. Unless you can positively show you paid the rent (or complied with the lease) or have something in writing from the Landlord, the judge will (obviously) side with the Landlord. Going to court and saying I didn't pay my rent because I lost my job usually is not an effective defense. Also, the deposit, although it is typically the amount of a month's rent; cannot be used in lieu of paying the last month's rent. In other words, the deposit is the deposit (which you MAY get after you vacate) and cannot be used to cover the last month's rent. Also, if there is a problem with your apartment (heating, cooling) there is a procedure you must follow to notify the landlord and allow him to correct the situation. If you follow the procedure then you may be able to withhold rent but not otherwise. Probably more than you wanted to know but, some things to think about!
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Old 10-09-2011, 10:08 PM
 
1 posts, read 3,519 times
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Question, I live in CA and i rent a room in a single family dwelling with no written rent agreement. But i have proof that i pay rent by my check stubs with what they are for on them. I couldn't pay rent this month which i told my landlord. She had me served with a three day notice. what would happen if i didn't get out? And can she evict or sue me at all?
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Old 10-09-2011, 11:06 PM
 
Location: California
178 posts, read 331,420 times
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Quote:
Originally Posted by nursedebbie619 View Post
Our lease is up and I want to move, my new ex wants to stay. What happens to the deposit if he stays?
It stays with the house until all tenants leave. You would need to ask your ex for your half of deposit. But I would make sure the landlord takes you off the lease. Even with the lease is up it renews monthly. If there are damages you could be liable.
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Old 10-09-2011, 11:12 PM
 
Location: California
178 posts, read 331,420 times
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Quote:
Originally Posted by scorpio516 View Post
Not necessarily. Depending on the contract, you usually get your deposit back after the first year if you renew the lease.
The deposit is for damages. Any landlord would be crazy to return a deposit before the tenant moves out.
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Old 10-09-2011, 11:15 PM
 
Location: California
178 posts, read 331,420 times
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Quote:
Originally Posted by hmmhelp View Post
Question, I live in CA and i rent a room in a single family dwelling with no written rent agreement. But i have proof that i pay rent by my check stubs with what they are for on them. I couldn't pay rent this month which i told my landlord. She had me served with a three day notice. what would happen if i didn't get out? And can she evict or sue me at all?
Yes.. you still have a verbal lease. All the normal laws still apply.
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Old 10-09-2011, 11:20 PM
 
Location: California
178 posts, read 331,420 times
Reputation: 134
[quote=sleepykirsty;3475580]If I am given a 3 Day Notice to Pay or Quit and choose not to pay and move out, what are the repercussions? Do they take me to court? Do I have to pay other fees? Or is it as simple as that? I don't pay and I move out. Period.[/quote

The landlord probably doesn't believe you are gong to move out and is preparing to evict you for a reason. You have either not paid rent or have done something wrong. But no if you didn't finish your 30 day notice you would be responsible for the unpaid rent for that time and any damages.
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Old 10-10-2011, 01:47 AM
 
Location: in a galaxy far far away
19,123 posts, read 16,511,883 times
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You will forfeit a portion of your deposit. You'll be charged for the days you are still there, after your due date. Your rental agreement probably states you must give 30 days notice, if you plan to move. The fact that you have been served with a 3-day pay rent or quit means you didn't pay your rent when it was due and you didn't give notice. Unless you leave that place in immaculate condition, you could be charged for that, too. Again, it has to do with what is written in your rental agreement. In the meantime, start packing or pay the rent.

Last edited by JGC97; 10-10-2011 at 01:59 AM..
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Old 10-11-2011, 03:24 PM
 
1,176 posts, read 3,171,140 times
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OP posted their question in April of 2008. I'm guessing the problem has resolved itself one way or another. I was going to ask about details of their lease, but then noticed the date.
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