Can we withhold our last 2 months of rent?

Question

Our land lord is a very difficult and hostile person. I don't trust her to return our security deposit. Can we withhold our last 2 months of rent which would be the same as the security deposit. I feel pretty certain that she will pull some stunt to keep the deposit as she has been very petty and difficult to deal with.

Answer 1

I wouldn't if I were you. If she is a petty and difficult person then she will take you to small claims court. Make you pay for those 2 months, keep your deposit, and then make you pay for her lawyer and all legal fees.

I reccomend that you just go ahead and pay the last 2 months. And when you move, make sure the place is SPOTLESS, then take pictures to show that it is. And ask for the money back, if she doesn't give it back, ask her way and then if you think you deserve it back, take her to court and get it back. It will save you from having to pay all the extra money. And in the end you don't even know if she will keep it or not, you are just assuming..

Answer 2

Check the terms of your lease. I'm pretty sure there's a standard clause in there that says you cannot apply the deposit to your remaining rent on the end of the lease. If she's really that petty, difficult and hostile the odds are pretty good that she'd take you to court (small claims or otherwise) to get the last two month's rent. Not only would she win, but she'd be able keep your deposit as a penalty. Additionally, future landlords or loan suppliers might contact her as a reference for your reliability as a renter. You don't need her saying that you failed to pay two months' rent.

Stay on the moral and legal high ground. Pay the rent, and then risk the deposit. Who knows...she may surprise you and pay it all back. I've been pleasantly surprised by crazy landlords in the past.

Answer 3

I highly recommend trying to use your last 2 months payment up. However, it is illegal. You do not have any right to do so and if she is serious about it, she could evict you. I would "accidentally" forget to pay the second to last months rent and then when she approaches you about it, say you are having difficulty paying but plan to pay in the next few days. Just keep saying this until you get to the last 30 days because then it is really difficult to be evicted in 30 days.

I say these things not because I'm a lowlife and trying to screw someone over. I have just been around the block a few times and it is EXTREMELY hard to get a security deposit back. Especially if it is someone who only owns a handful of apartments. Most likely they spent your security deposit on groceries the moment they got your check. So it is difficult to come up with the money to give it back to you. Then they start inventing repairs....blah blah blah. Sounds like she is that kind of person.

Answer 4

In response to your question, I have a question.
Do you want this lousy landlord to be able to sabatoge your future credit applications through the same nastiness she's demonstrated previously?
Thought not.
Pay the b____. It's worth every cent to get her out of your life. You do not want her coming back to haunt you, she would get too much pleasure from doing so.
Cant' you hear her now? Oh, I don't think youi should rent to them, her venom would spew without missing a beat, they're bad tenants. I had a problem with them, they skipped without paying the last two months they owed me.
Then, upon hanging up the phone, she'd cackle. I fixed them!
Like the other poster said, you can always take her to small claims court if problems arise with you getting the deposti returned.
If I were you, I'd take photos fo the place after I cleaned it and prepared it for the next renter(s) Photos might hold up in court.

Answer 5

I really do not think that will work. She can take you to court for not paying rent. You can take her to court if she does not return your security deposit. Just remember, do not make a mess of the apartment/house that you are renting. If you leave it in good condition and your rent is all paid then she will have to return your deposit. If she does not then you will have a good case in court. Good luck

Answer 6

It sounds unlikely that you would be able to do that. But by right your landlord owes you your security deposit if there is no reasonable cause to hold it. I'm sure laws are different in all states so I would probably do some research. I found you a few sights that may be helpful:

Answer 7

Dont withhold the rent that will give her leverage against you but do take photos and make her sign an agreement that all is well with the place so she cant keep the deposit. dont give her the keys until she signs.

Answer 8

Pay what you owe for rent regardless.....Security deposit and rent are 2 different categories. If she unjustly keeps your security deposit, you'll have recourse to try and get it back.....even if that means suing the landlord.

Answer 9

The problem is that when you want to rent your next place your new landlord may easily ask for a reference from your last landlord and if you haven't paid that would be a major strike against you. Think this through clearly, do whats best for yourself in the long run.

Answer 10

No, you can't hold the last 2 months. You have to pay her. Make sure to clean VERY VERY good when you move out. So you can fight for your deposit is she refuses to hand it over. Take pictures of everything after you have it cleaned out.