One more time, I will ask and try to find an answer that can actually help me and not try to defer me...?

Question

I am looking at an apartment that will be a good shift for me and my family. The only problem is that the landlord wants us in by Sept 15, and the deposit of $1400 by next week. I am in the process of trying to contact my landlord for my $500 deposit to add to the money we will definitely have by next week ($700) and try to persuade the new landlord to wait for the last $300 in the next week. Basically if we had 3 weeks to give it her, we would def have it. But like 10 days is kind of pushing it. Also, my landlord now has yet to return our calls (they take spontaneous vacations) and we are planning on using our deposit. They have to return that anyway right? When we moved in, we paid our 1st and last month of rent, so we should get it back right? Please help - with the money part and the deposit part because I have an idea of the right answer, but I want to be sure. And yes - I can afford my apt., it's just a little hard to gather $1400 in a week & 1/2 - we don't have $$ laying around.

Answer 1

They are probably required to give your deposit back to you within 60 days or less, according to your state laws, or sooner if its written into your contract. You likely won't get it without an inspection to make sure the apartment you are moving out of is not in any need of excessive repair caused by you as tenants that would be beyond normal wear.

Also, do you have any bargaining leverage? Why does the landlord want you in so bad? Tell her you guys are still shopping around, as the terms of the lease are great but you don't like 1400 deposit, you'd rather stay in the $1K range, and that you want a move in date of October first to plan a truck rental, movers, registration for kids in a new school, etc.

Tell her that two weeks from now feels a little rushed, and that it almost seems like she is trying to cram you in somewhere that you haven't had adequate time to inspect.

If you move in by that date, she has to pay your moving expenses, time off from work, etc etc....

Honestly, nobody else is around and waiting to move in by that date... Find out what its worth to her.. Maybe she can let you do 700 damage deposit now, and 700 more after 2 months, plus an opt out after 6 months with 60 days notice because of the insatisfactory amount of time involved to appropriately assess the apartment.

It sounds like she has seen you guys really want this place on your face and is pushing you. Make up your mind that you really, DON'T want it, as seriously as you can convince yourself. Its too much money, its too much hassle, etc etc, then go in there with a calm, attitude and let her know you guys may have found somewhere else bigger, better, cheaper, and that the deposit is far more appropriate. The mental conditioning about not wanting the place will give you the right attitude, convincingly, even if you are just rehearsing reasons that aren't entirely true. You can't bluff without confidence, and calm, and she may have you guys hung up with a deuce-7 offsuit in her hold, right now, and thats why she is playing this way. Give you the edge, you might start making her offer concessions to keep you unless she seals the deal with fear that is totally ungrounded.

You have to make her panicky that YOU won't move in, not the other way around. Otherwise she has you by the proverbial balls.

Good luck.

Answer 2

Depending on the landlord, you could have trouble in getting your deposit in a timely manner. I have had landlords that have taken over three months to refund my deposit.

They also have a right to use the deposit to fix any damage caused by you while living there. If the place is in good shape when you leave, be sure to take plenty of pictures to document the condition the apartment was left in. Usually a landlord will do a final walk thru to assess the condition of the place you are vacating and should be able to tell you then when, and how much of your deposit you will be getting back.
I had a landlord that tryed to charge me for carpet replacement. It was n old carpet when I moved in and so it wasn't in good shape when we left. I did know that they cannot charge you for the complete carpet replacement if it is just normal wear and tear. I was able to document the age of the carpet and theyhad to pro-rate the cost of the carpet. (It was about 15 years old, and I only had to cover about 1/15th of the cost. I don't believe I should have paid any money, but just to speed up the refund, I agreed to pay it.

Just be aware that Landlords do not have any incentive to return your money quickly. Hopefully you have a good relationship with your landlord and there will be no problems.

I don't know if this helps you. And which state you live in could make a difference. I would check with the local housing authority to find out your rights as a renter and what the landlords responsibility for refunds is.

Answer 3

The only problem I see is that your old landlord does not have to refund your deposit to you RIGHT AWAY. Depending on your state law, usually they have a minimum of 30 days AFTER you move out to refund your deposit to you. Plus they are gonna do a walk through of your apartment to make sure there are no damages/cleaning charges. If they find anything wrong with the apartment, they will take it out of your deposit. As far as the new landlord, if you gave them whatever money you have right now and promised to pay the rest BEFORE you move in, they should work with you, but it's really their decision. They might be able to find someone to move in tomorrow and then they will forget about you! Talk to your new landlord tell them you want the place, your working on getting the money and ask them to work with you. Dont give up on your old landlord either, keep bugging them until you get a response.

Answer 4

Good luck on counting on the deposit to be returned that fast. Some landlords start making a list of what they might think is wrong with the way you left the apartment so they don't have to return the deposit. Looks like best thing to do at this time is borrow the money.

Answer 5

Your landlord has 30 - 60 days to return any money due you. This varies by state. Best course of action is to ask your new landlord if you can sign a "promissory note" for the remainder of the deposit. Explain to her your exact situation and she may be sympathetic.

Are you renting from a private owner or a management company? If your new digs are through a management company you can pretty much forget any type of negotiation on the deposit. A private owner is much more likely to negotiate.

I hope this helps.

Answer 6

As long as you have done no damage to the apartment and have given them fair notice of moving then you should get the deposit back. They probably will give you a hard time anyway because no one wants to part with money--but like i said you should have no problem getting your deposit. As for the "new" landlord, she should be able to compromise with you somewhere! Give her the date you will have the rest of the money and see what she says. Frankly if she can't bare with you then i wouldn't want her for a landlord

Answer 7

What, exactly, are you asking for?

Landlord of your present place does not have to return any of your deposit until after you move out and he/they have opportunity to inspect the place and repair or clean as needed. [Full details are found in your area's Landlord/Tenant laws -- you'll have to google them yourself as you didn't tell us where this is!]

you should not have had to pay rent for the last month, as you paid it in advance ... that's your money for the next place's deposit.


g'day

Answer 8

A security deposit is not guaranteed! If you have damage to the apartment or if their is excessive cleaning after you leave, it can be charged to you! DO NOT COUNT on the security deposit. Good Luck!