What happens if I refuse to pay my landlord the last month's rent?

Question

I am a student living with 5 others and our landlord is dishonest. I know for a fact, that for at least the last two years running, he has kept, with no good reason, the damage deposit paid to him by the previous tennants. I cannot afford to lose my damage deposit (which is exactly one month's rent) so I propose not to pay the last month's rent, due in June. If we all do this, what power will he have to sue or evict us? I have been told that he could legally sue us for the last month's rent but that as the damage deposit equals one month's rent exactly, he won't get very far.
There must be precedent for this in English law. Can anybody help me out?

Answer 1

what can he do throw you out ? your leaving anyway .if not have a party like i did and use up the damage deposite dont leave a forwarding address or sell the key to a squatter they have lots of rights if they havn't broken in he will have a lot of trouble getting them out

Answer 2

Hi - I'm a massachusetts lawyer. Everything depends on where you reside and the laws of the jurisdiction where you reside. As a practical matter however the landlord should hold a security deposit in a special escrow bank account. In massachusetts there are intricate laws about how a landlord must handle the security deposit. Most massachusetts landlords do not wish to deal with these laws so they just accept a first and last month's rent to avoid getting caught short if there is legal action later.

It also depends on whether you have a signed lease agreement or if you are a tenant at will. If you are a tenant at will then there is no lease contract. In massachusetts you can simply send your landlord a certified letter informing him that you have decided not to re-rent the apartment and requesting him to apply your security deposit to your last mnth's rent. If he or she is smart the landlord will go along with this.

In massachusetts which is a tenants right state - a tenant can file a complaint with the board of health citing building and health code problems which can cause the landlord nightmares. The landlord may have to undergo expensive repairs and will have to forego any rent due from his or her tenants during the time the code violations existed.

Answer 3

I tried that and it did not work. He sued and I had to pay the last months rent plus penalties and he kept the deposit.

My suggestion is that you do a good job of cleaning and then film the apartment. Be there for a walk through at least a week before your move out date and if there is anything that the landlord says will prevent you from getting the deposit, fix it yourself.

Maybe even have a sheet of paper already titled "needed repairs" to give him after the walk through.

If you really did take care of the place most likely he will try and stick you for rug replacement. If you don't have pictures or some sort of evaluation of the carpets condidtion from when you moved in than the best you can hope for is that he will not replace the carpet if he bills you for it. Visit the place when the new tenants are there and take a picture of the old carpet and sue him.

Another trick is during the walk through mention that your girlfriends father is a lawyer specializing in tenant rights and he suggested that you do the walkthrough early as you fully intend to get all of your deposit back.

Answer 4

If you don't pay last months rent...and eviction could and probably would be started within a couple of days...depending on your state, evictions could take anywhere from a week to a couple of months. In this case not only would you be liable for last months rent...but your landlord could tack on attorney, court and administrative fees.

You need to follow the laws of your state. This usually means:

1. pay your usual rent
2. take photo's of apartment before leaving to show a judge that no damage has occurred.
3. wait to see if you get your deposit back...if not
4. sue for deposit in small claims court.

Withholding your last months rent is never a good idea and can only lead to trouble...being sued, negative credit report (for 10 years or more), wage garnishment, problems ever renting again.

You must follow state law.

Good luck.

Answer 5

I would assume that the courts would order you to pay the last months rent as the lease is a legally binding contract. If you feel he is unjustly holding the security deposit, I think a better option would be to take him to court for the security deposit. Unless he can prove that there is damage that was not there before, he has no legal right to hold the deposit.

P.S. I am in the US but I would have to assume that the English law on this is the same.

Answer 6

Your rights as a tenant will vary depending on where you live. However, it's pretty much set in stone that if you walk out of your last months rent, he can keep the security deposit to cover that, then sue you for anything in the apartment that would have been covered by the security deposit (repairs, etc.). Not only that, but he will be a bad reference on any future rental applications you submit.

Answer 7

I just went through something kinda like this in Dec. You have to pay the last months rent, even if you dont think your going to get your deposit back. He can take you to court and sue you for the last month rent, keep the deposit, try to sue you for more money, his laywer fees and court fees maybe even try for more. My landlord kept our deposit, and we didnt even do any damages, it was just my fiance and me and we arnt party animals, well we are, but not in our own houses. You should just pay the last months rent, take lots of pictures of the place, and after 30 days from the move out date, take him to court if he cant give you a resonable excuse for keeping the deposit, Also this is very important, if he decides to keep it, tell him you want a receipt for EVERYTHING. hope this helps

Answer 8

If you did not fill in the nail holes they would have taken some out of your deposit. They will use your security deposit for your rent which is considered legal "damages". It would be reported to a credit bureau. You may have a problem in the future renting another apartment. They must have known who your employer is when you filled out the applilcation to rent. They have your social security number. They can turn the debt over to a collection agency. All of that affects your credit for the future. You still are required to give written notice that you are vacating and that is the problem.

Answer 9

You should have documented the apartment with photographs or video when you first moved in that way you can prove that you didn't damage the apartment. If he refuses to pay you your deposit back, take him to small claims court with a loser pays clause.

As for the last month's rent, if you stayed there you should pay it.

Answer 10

You'll be in violation of your rental agreement, which is a valid contract.
He'll sue you. He'll file a negative credit report against you that will stay there for 7 years.In short, He'll win. Take pictures of the place when you leave hopefully showing no damage, and if he refuses to pay back the damage deposit, then you sue him in small claims court to get your deposit back.

Answer 11

It doesn't matter how dishonest your landlord is. If you signed a lease, it is your responsibility to keep up your part of the bargain.

The landlord will most likely report you as a bad debt. This is unfortunate. If he illegally keeps your deposit, then you can take him to court, but chances of a win on your accord is slim and it will be costly to you.

Lesson learned.