renters question

[Papa_Complex]

Typically first and last month's rent is exactly that; rent. You can't usually use your security deposit as your last month's rent (legally), though people do sometimes do it.

Which brings me to the real problem, if this landlord is a whack-job. You're unlikely to get back your security deposit and watch to be sued for "additional damage." These days I wouldn't rent a place without first walking through it with a camera and getting a written/signed list of deficiencies.

Better read your lease, because frequently the 30 days notice commences at the end/beginning of the month. If you give notice halfway through a month, then you may be obligated to pay a full, additional month.

[bmblebee]

As posted before, check your lease. Security deposit cannot be used for rent unless both parties agree. No matter how whacked your landlord is, you should contact him right away and tell him you have contracted a house. This will help you.

If the landlord knows you are moving, they can begin the process to find another tenant, and prepare the apartment. It will also allow you to go over the move in list and look at the apartment to look for any "damage" that might be need to be addressed before you leave.

Your lease should state when and how the landlord may keep your deposit and when it should be returned to you. If it doesn't, I used the following on my landlords...You made me pay the security deposit after we walked through the apartment and before you gave me the keys. Since you set the rules, we will follow them. You will walk through the apartment, agree on any "damages" and then pay me my deposit before I return the keys.

Try to be upfront and honest to avoid any hassles. I am sure you are busy enough in your life that you don't need the hassles of dealing with a landlord/tenant dispute no matter what kind of nut he may be

[Particle Man]

that's how I've always done it.

[wildchild]

yep unfortunately the deposit is a damage deposit not a last months rent deposit. You still have to pay all your rents on their appropriate due date. If you don't and he is really a dick he can take you to court for failure to pay rent. Then he would be able to hit you with interest charges, court costs, atty fees etc.
If you're worried about getting your deposit back from him. Check state laws as to how long he has to return it. Usually 30 days. When you leave video tape the entire residence for condition. Have him do a visual inspect with you and sign off. Depending on how long you have been there you will lose part of the deposit for refurbishing the place. If you have been there at least a year and caused no damage you should get it back entirely.
If you are simply trying to save some coin by not paying rent, you could talk to him. He may agree to it. Never know he may surprise you. If he agrees get it in writing.

[skiergirl]

As already stated, check your lease. I have a rental house and my lease specifically states that the security deposit is exactly that and is NOT to be used as last months rent.

Pay him rent, give the required notice and if he/she is a jerk I'd send a registered letter so there is no disputing the date it arrived and saying you didn't give 30 days notice.

Take pictures of everything when you move and if he/she holds your security deposit you have legal action you can take. landlords must show more than 'normal' wear and tear in order to keep your deposit in most states.

[z06boy]

Some good advice in the last few post here so I won't add anything in reference to this BUT...

Threads like this sure do make me appreciate my home and my neighbors that much more and since I'm also a landlord it makes me appreciate my current tenants that much more !!

I haven't always had it so good as I do now but again...I do feel very lucky in my current situation.

Good luck with your move and your new home...hope it all works out.

[Angee]

Definitely take pics. We've had people try to screw us out of damages before...damages that never existed. The camera is your friend.

[MILK]

Originally Posted by Angee

Definitely take pics. We've had people try to screw us out of damages before...damages that never existed. The camera is your friend.

That's what I was going to say. Take pictures!!!!

A deposit is to cover any cleaning or damages that need to be done after you move out. It isn't intended to be used as rent.

Read over your lease really well too - there may be other stipulations for moving out. Years ago when I had an apartment and broke my lease, they tried to make me pay for an extra month b/c it was 'in my lease.' I asked them to point it out to me where it was on the lease I signed, they couldn't and backed off.

Be prepared going into it so you don't get in trouble afterwards!

[tommymac]

Good advice on the pics. we will def do that. there is no real damage aside from wear and tear, th eminor stuff that has been broken we have fixed as we went along. What we will do is steam clean the carpets since the cats have left a few surprises there.

I dont know about him taking legal action since this could bite him in the ass too. This is a mother daughter house. In NY the owner is supposed to live in the house and he doesnt. Were sure his permits arent up to date and wouldnt be surprised if hes not reporting some or all of the rent money.

Funny thing is we feel we have been good tennants, quiet did our thing and always paid rent on time. Problem is he likes to paly games and tries to play us against each other with the other tennants. Hell he tries to play karen and I against each other thinking we dont talk to one another even the other neighbors here think hes nuts from what i hear so now its just a case of counting down the days to get outta dodge and then deal with just being a homeowner

Tom

[the chi]

Originally Posted by Quick281

If thats the case I would wait till the house is a done deal and then give him the notice when the house is yours. Even if it may mean paying an extra months rent.

From the sounds of the dude you want to burn this bridge, just make sure you are safely on the other side first!

BEST ADVICE IN THIS THREAD!! That way you dont go homeless if the closing falls through.

From a landlords perspective: Read your lease thoroughly. Make sure you follow it to the "t" because if you dont and you already know this guy is a jerk, he will try to screw you.

If it requires notice, do it, IN WRITING as far in advance as possible with specifics, and as someone else mentioned, send it certified mail so he has to sign and cant deny he got it. Keep everything in writing so you have a paper trail if he gets ancy.

Find out if you lease permits proration, and if so, if you leave midmonth, you may be entitled to only pay a prorated portion of your rent in addition to the deposit.

I assume you kept track of your lease payment, and hopefully required a reciept, this can also help you if he wants to dispute your status as a good tenant.

Have the landlord do a walk through of the house with you, so that you can discuss any problems that might cause him to hold your deposit. Write issues down as you go, and have something signed stating you are both aware and what the agreement will be for the deposit.

Good luck.