I need my security deposit back right away, but I know my landlord will keep it...please read?

Question

A short background: My roommate and I each paid $700 security deposit for the apartment we have stayed in the past year. The previous tenants moved out the DAY we moved IN..so no reports or inspections were done. I highly doubt the landlord even came by to check the place. We had several problems, gas line we found out was illegal, deck was loose...it took him weeks to fix these things among other things. I know that he will not return our deposits for some reason or another. We have not done any damage to this place but i'm sure he will find a reason. I need this deposit back right away as I just purchased a condo and can use this money ASAP. I have had to threaten a lawsuit several times. Can I just tell him to keep my deposit for last months rent? Otherwise, he is going to end up keeping this $$! Any suggestions here...

Answer 1

If you a buying a condo and need a VOR you better not hold last months rent. He might give you a bad rental rating and your loan just died. Thats a very thin line you are walking.

You will have to just go with what your laws are, it seems simple to do that. I would call your landlord and say everything is in order we will be out at the end of the month. Can you come and check out the house and use this as my security deposit as the last months rent.

Ive been a landlord and I would go check out the house and say you have to put it in escrow. 3rd party holds it, you pay it on time. Then I would just go review the house after they moved out and released the escrow back to them.

I never really had problem renters though, and it sounds like your not. Just see what he can do to help you out, if you have been a great renter im sure the landlord will help as much as he can. But remember just like there are bad renters there are bad landlords. You cant do anything that might jeopardize your condo.

The underwriter that approved the loan for your condo will most likely want a VOR (verification of rent) and many will just pick up the phone and call the landlord. Guess what, if he says he didnt pay last months rent. He is now 45 days late. Guess what? Your loan just got denied.

Best of luck

Answer 2

The landlord generally has 30 days from the move-out date to return the security deposit along with an accounting of any charges. There's no way to force the landlord to do it any quicker.

You generally may NOT use the deposit for the last month's rent. The landlord can start eviction proceedings and/or sue you in Small Claims Court if you fail to pay the rent.

Answer 3

I am in a similar situation...we moved across the country and had to sign a lease through the mail. When we got to the new house I'm pretty sure no cleaning had been done and the lawn was a disaster. I filled out the check in sheet but he never came back or asked for it. Now that we have just moved out, and the landlord is taking his time giving us back the deposit. I checked our lease and it says he has 60 days to return it. We called and he said that it would be at least the end of Aug. (30 days). So all we can do is wait, and if he doesn't give it back, we will dispute. Luckily, we have pictures of the yard as it looked when we moved in. If you have any pictures of your house that could help if you have to dispute charges, I would keep them handy. Good luck!

Answer 4

It is all going to depend on what is in your lease and what your state's laws are. Most states give landlords up to 45 days from when you vacate the premises to either A) Return your deposit in full or B) send you notice of why they are not returning deposit (you may then dispute this)

Check your laws, but he's not likely to apply the deposit towards your last month's rent.

Answer 5

The lawyer for the lawsuit will cost you in the thousands and take many , many months to come to hearing .
Although , using the security for last months is not technically legal , some people just don't pay the last month , figuring the landlord will take it out of the rent .
My landlord illegally kept the deposit for cleaning (although he had to paint and re-carpet after a 10 year tenancy ) . I was dumb and paid the last month rent .
It went to small claims but the hearing judge was a landlord too and let him keep it .
Courts are NOT all they are suppose to be .

Good Luck

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Answer 6

Unless you took photos so that you can document the condition of the apartment when you moved in your landlord may be able to charge you for any damages done by the previous tenant and you won't be able to prove their previous existence. If you do not pay the final month's rent he may be able to sue you for it and retain the security deposit anyway.

Answer 7

you haven't any longer have been given any case on the word "could". it somewhat is felony talk. meaning the two occasion could terminate the hire yet you're able to offer 30 days word once you accomplish that. you're able to constantly ensure you already know the words of the settlement which you're signing, and ask if there is any question. What you're able to be finding at, is despite if there are any effects for giving decrease than 30 days word. which could additionally be defined in the hire. Forfeiting the risk-free practices deposit and/or owing yet another month of hire are the two exceptionally usual. study the hire heavily related to what effects he's legally allowed to cost. If he's charging you in a distinctive way from what's written in the hire then you certainly can win in court docket. otherwise, purely take the loss, you're out the money and the courts will edge with him.

Answer 8

I've done that without any problems, but legally, he can make claims.
Does he seem like the type of landlord to take the time & trouble to come after you OR the type to just take the deposit and forget?

Answer 9

LAST MONTH RENT AND SECURITY DEPOSIT HAVE NOTHING TO DO WITH EACH OTHER AND ANY SMART LANDLORD WILL NOT LET YOU USE THE SEC. TO PAY THE LAST MONTH'S RENT. DID YOU CALL HIM? HOW DO YOU KNOW HE DIDN'T DO AN INSPECTION? HOW DO YOU KNOW HE WON'T RETURN THE SEC. DEPOSIT? HE HAS 30 DAYS OR SO. BIG DEAL, IT TOOK HIM WEEKS TO FIX THINGS. LL ARE BUSY...YOU ARE LUCKY YOU GOT IT FIXED AT ALL.