2007-05-21 03:53:11 · 6 answers · asked by Ailama 1 in Business & Finance ➔ Renting & Real Estate
I sent him a 30-day notice of moving out and asked in it that he applies my last month's rent to the month of May. Three days later he sends me a Notice to Quit for nonpayment of rent (for the month of May).
2007-05-21 04:01:34 · update #1
Bostonianinmo's and Dennisthemenance, please read my question. I'm not saying security deposit, I'm saying LAST MONTH and it's 30-DAY notice not 3-DAY. Big difference. And I'm asking why would he go through the process of eviction when I'm moving out anyway.
2007-05-21 06:08:39 · update #2
I'm not sure why he'd bother since it costs him money to evict you and takes time to complete the process. However, depending on the terms of your lease, he can always start eviction proceedings.
2007-05-21 03:58:09 · answer #1 · answered by Still reading 6 · 0⤊ 0⤋
He damn sure can! Your agreement does NOT allow you to apply your SECURITY deposit against unpaid rent. If you had paid the last months rent in advance that would be a different story. But the security deposit may NOT be used as the last month's rent. PERIOD.
Sure, it will cost the landlord some $$$ to get you evicted. But he'll ask for that in the eviction action and he'll get it. And in many jurisdictions the courts will fast-track evictions for nonpayment of rent so you could be out in as little as 14 days. Even if it does take most of the 30 days you'll STILL have that eviction on your credit report and a LOT more trouble getting a lease in the future.
2007-05-21 11:18:06 · answer #2 · answered by Bostonian In MO 7 · 1⤊ 1⤋
That depends. Was your lease a month to month or a 1 yr lease? If a one yr lease, is it up in May?
If it was a one yr lease and it is NOT up in May, then you are breaking the lease and the money you paid for the "last month" is not for the month of May. It would be for the last month of the lease. Therefore, you owe May rent.
If you are month to month and gave your 30 day notice "on time", then the money you gave for last month rents should apply.
2007-05-21 20:16:28 · answer #3 · answered by kimmamarie 5 · 0⤊ 0⤋
If he started the process on you, sure. But it takes time for eveiction, I doubt the landlord could get it all finalized in less than 30 days.
2007-05-21 10:56:15 · answer #4 · answered by csucdartgirl 7 · 0⤊ 1⤋
boston.....needs to read the question,
top cont. he dont have to do anything more than that, 3-day notice. he dont want you changing your mind, and he wants you out when you say youll be out, or he will get his money for another month because of that 3-day notice.......cya
2007-05-21 13:03:12 · answer #5 · answered by DennistheMenace 7 · 0⤊ 1⤋
sounds like he better check his records better. is he old and senile? Either that or he is trying to rip you off.
2007-05-25 03:07:53 · answer #6 · answered by luciousgreeneyedlady 5 · 0⤊ 0⤋