When my roommate moved in we signed a contract that I type and we signed it as a legal dacument, it say that the security deposit was not to be used as his last month rent, because it was to cover any damage done by him to the room or house. He know that he signed the contract and has a copy but said that he will use the security deposit as his last month rent. What can I do? I have to fix what ever is wrong with the room, and the door lock that he brock. What can I do?
2006-12-29 12:36:44 · 11 answers · asked by adaen 1 in Business & Finance ➔ Renting & Real Estate
It depends on where you live.
In my state (NJ), if the landlord (meaning you) did not follow the security deposit procedure and notification process required by law, the tenant is allowed to apply the security deposit as rent any time they so choose along with 7% interest on the money. It doesn't matter if the lease or agreement says they can't. And the landlord is barred from requesting a deposit from that tenant ever again.
What does the law in your state say?
2006-12-30 12:57:47 · answer #1 · answered by BoomChikkaBoom 6 · 0⤊ 0⤋
A security deposit, and last months rent, are two seperate issues. There is also a process required to the make last months rent apply. My guess is your roommate knows nothing about either issue. A judge will ask if the move out notice was delivered by tenant to landlord. If yes then perhaps his portion of the security deposit that he paid can apply towards his end costs or be refunded. If not then the tenant is late on rent and owes a late fee and must serve proper notice of intent to vacate. Then last months rent can apply. Last months rent doesnt mean it automatically applies because you want to move or are late on paying and now planning on moving. The secutiry deposit means for security that tenant wont skip out on money owed. The damage deposit covers repairs if needed with the security deposit covering what damages exceed the damage deposit. If that is too small a claim can be filed by landlord. For proof of condition and protection against fraud a pre rental and post rental walk through inspection and condition report should be used. To protect yourself from another occupants damages you should do one asap when they move. You are co responsible but can use that report to prove the other persons damages. Lastly just because you signed something doesnt mean it is legally enforceable. While the intent of the document might be correct, the terms and conditions might make it a voidable agreement.
2006-12-29 14:08:35 · answer #2 · answered by Kevin H 4 · 0⤊ 0⤋
More info needed. Are you a renter who has let someone else move in with you without your landlord's knowledge and you just have an agreement between the two of you? Or, do you own a home/condo. and have let him move in with you and you have an agreement in writing between you?
If the 1st is true, you have a problem if his name is not on the lease with you. You both should have your names on the lease with the landlord. That is one reason why landlord's don't want you to sublet (that is what this is). If only your name is on the lease, then you are responsible for the property (damage, rent and all) to the landlord. You may need to tell the landlord about it and see if he will work with you on this. You are still responsible for damages, back rent, etc. so you might have to pay it yourself if you don't want a bad (and I mean BAD) mark on your credit.
Whichever is the case, call fair housing ASAP and ask them for advice.
If it is your property, then you are the landlord so you can give him notice to quit as soon as his rent is due and not paid. Change the locks the same time. You need to serve him with this charge (pay the rent or quit). If you are worried he might be destructive or dangerous, call the police.
Whatever the case, call fair housing or legal aid ASAP.
Good Luck
2006-12-29 13:31:50 · answer #3 · answered by SUSAN K 3 · 1⤊ 0⤋
The best way to smooth things out is that you ask him to fix everything that you see needed. Once if he decided to use the deposit as his part of the last month's rent; he must leave upon completion of fixes. In another words, fix everything first, then substitute the deposit as last month's rent. But the reason that you can not allow him to live there is because of the liability of the resident/house/apartment etc. Legitimately you can decline this proposal so you do have ground to negotiate with him. Just make it as peaceful as possible or it might lead into unwanted results
2006-12-29 12:44:21 · answer #4 · answered by Bad 1 · 1⤊ 1⤋
You never lease or sell to a friend or a relative!!
Tell him that his idea is not going to work for you. Add up any damages you feel he owes you for. When it is all figured out, you sign it and show it to him. Tell him to read it and sign it. If he doesn't want to, tell him he will hear from your attorney. Take the lease and all the paperwork and hire an attorney. You will get your money. Remember to prorate the rent for the amount of time he stays on. Pay the attorney to do it and back off. Let your friend know you are not going to bother with it in any way, it is up to the courts....WALK AWAY....
You see, everyone is telling you to get more involved in this mess. It is bad enough he was a friend. You don't need any more of the back and forth garbage..........State the facts and leave.
2006-12-29 12:47:15 · answer #5 · answered by Anonymous · 0⤊ 1⤋
You said it yourself, it is in the contract. Tell him no and you will return any portion of the security deposit left after repairs are made. If all else fails maybe you can get him to do the repairs and than the security deposit can be used for the rent.
2006-12-29 12:41:25 · answer #6 · answered by Virginia C 5 · 2⤊ 1⤋
You can sue him in small claims court, after you pay for, and get receipts for, the damages you've mentioned. You just have to ask yourself whether you want to do this - is there a friendship at stake? (Sounds like a lousy friend, by the way.)
2006-12-29 12:40:39 · answer #7 · answered by Anonymous · 2⤊ 1⤋
If he wrecked the room bad enough, you could take him to small claims court, but it might end up costing more than what you would get from his last rent.
2006-12-29 12:41:31 · answer #8 · answered by frito_pie 3 · 1⤊ 1⤋
you may ask, yet she would not ought to furnish it to you. She has 30 days when you go away to go back the deposit. truthfully inspite of the indisputable fact that, she should not be conserving your protection the owner might want to
2016-12-01 07:50:46 · answer #9 · answered by ? 4 · 0⤊ 0⤋
Tell him no! who knows what he might have run up in phone or utility bills, it isn't fair to you--ask him to pay at least half of his rent, try and get whatever you can out of the guy, use guilt.
2006-12-29 12:39:41 · answer #10 · answered by Anonymous · 2⤊ 1⤋