Back in October, we asked our landlord if they could use part of our security dep. as rent (we gave them two extra months when we moved in). They agreed, no problems. Today my landlord came over w/ a 3 day pay or quit stating that he needs the money now, even though we've paid rent on time every month since then. Can he do that? What are my options? He said we're great tennants, but he's in need and there's no other alternative to the notice. I even asked why he didn't make payback a condition upon the agreement and he had no answer. I need help and don't know what to do. What are my rights? Can he serve that?
2007-03-22 14:14:15 · 9 answers · asked by Renter in Need of help 1 in Business & Finance ➔ Renting & Real Estate
If it was characterized as a deposit on your lease, then he sure can. I'm sure theres a clause in the lease that says the security deposit is not to be used as rent, and althiough verbally he agreed to do you a favor, he's well within his right under the written contract, which is what applies.
2007-03-26 12:00:23 · answer #1 · answered by SndChaser 5 · 0⤊ 0⤋
I agree something is weird and wrong. Demanding that you move out won't solve his problem because then he'll have to refund your deposit.
You say you and he agreed to use some of your deposit for a month's rent last year? Is that in WRITING? If it isn't, it's your word against his, good luck with that. If he denies it, then you failed to pay rent for a month last year (but your security deposit is still the full amount), and it looks weird/bad for him that he never pursued the lost month's rent until now. He'd probably make up a story in court about how you agreed to pay him in March.
Nonetheless, I'm pretty sure you could drag this thing out for months and make it a living hell for him.
However instead of that, maybe you need to talk to him about what his needs are and see if you can't come to a mutually workable agreement. Having a happy, solvent landlord is in your best interests, and if you bail him out, he'll REALLY owe you one.
2007-03-22 14:31:15 · answer #2 · answered by Wolf Harper 6 · 0⤊ 0⤋
Well, if you gave him 2 extra months then he is responsible for that money to you. If you moved out tomorrow he would have to refund you all the refundable money you gave him in the beginning with the exception of any money needed tocover damages or breaking your lease. I always thought landlords were supposed to keep that money so that if you did move out it'd be there. Its called a SECURITY deposit for a reason for your and his saftey. If you paid first and last months rent then your last month there should be paid for. So if he serves you a 3 day pay or get out then you should have you last month paid for and have 30 days to move. Landlords can be such bitches
Sounds like he spent all you security deposit and is broke and needs to pay for something. Thats just wrong. Get a lawyer
2007-03-22 14:20:50 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Your landlord isn't allowing any grace period. When he didn't get his rent on the day it was due, he posted a pay or quit notice.They can give such a notice the first day your rent is late. Call him tomorrow and see if he has received your check. Tell him when you mailed it. It says pay or quit so there should be no problem, you paid.
2016-03-29 00:16:45 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I am not sure I fully understand what transpired between you and the landlord, but unless it is in writing you would have a very hard time defending this. I don't understand what significance the 3 days has, this is where I don't understand what happened. It sounds like he is on firm ground. I am also assuming that you gave him one months security deposit and the last months rent? Not really the two extra months as you described. Read your lease.
2007-03-22 15:48:18 · answer #5 · answered by ttpawpaw 7 · 0⤊ 0⤋
Renter's rights are different in every state. But, no matter what state you're in, your lease should spell out all of the details. Does the lease state that you have to keep two months rent in deposit? If not, check your state laws or contact an attorney. Since attorney bills aren't cheap, you really should work with your landlord (you really don't want hard feelings between the two of you).
Good Luck!!
2007-03-22 14:22:57 · answer #6 · answered by Lori 2 · 0⤊ 0⤋
Even though your landlord may have agreed, he's not obligated to follow that agreement. On your rental contract it should state that you "cannot" use your security deposit as payment for your rent.
I know it sucks but that's the way the cookie crumbles.
2007-03-22 14:31:30 · answer #7 · answered by bennrock25 1 · 1⤊ 0⤋
That scenario sounds kind of shady. I would definately consult with a real estate attorney.
2007-03-22 16:00:11 · answer #8 · answered by themligroup_com 2 · 0⤊ 0⤋
talk to an attorney this close to tax season (apr 15th) sounds like he lost his shirt and needs to make it up now.
2007-03-22 14:17:29 · answer #9 · answered by Anonymous · 0⤊ 0⤋