i didnt pay a security deposit and i been in my apartmtnt for a year now my landlord is requesting it????????

Question

there is absolutly no damage to the apartment. i told him i will give it to him in Febuary the problem is that he threatened to evict for this. and i dont have the money to give him at this very moment.i feel like all this time, why did he wait until the holidays to request this money.can he really evict me for a security deposit?

Answer 1

He can evict you 30 days after making the request. So, if he made the request Dec 1 he can start proceeding with eviction Dec. 30.

There are no special laws regarding non-payment based on holidays.

A security deposit can be asked for at any time, including payments into it if monies were spend on damages during tenancy. It can not exceed 2 months rent.

Answer 2

Do you pay your own utilities? If so, honey even better, no landlord will want to have to find new tennants with the threat of perhaps not finding them pronto and winter being here, as he may have to pay the utilities for that place.

He never requested a Security Deposit upon signing the lease, that's duh the time when people request them and its a known fact. He can't just pop up out of the blue and tell you "I want the money NOW or you are Evicted or I'll get you EVICTED". This guy sounds really desparate, hmmm my psychic abilities are detecting a loanshark in his realm he doust may have too many gambling debts or perhaps a subprime loan...haha

Since you have been there a year and not renewed your lease I take it, then he has to give you a 30 day notice to vacate and vice versa.
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He figures you are "young?" "gullable" and he is obviously some drunk or mentally deficient that he forgot to ask for it and ffffffffrrrrrt he got a brain fart and recalled where he had some money maybe needed for Xmas shopping. The only other reason he would want it NOW, is that "you are rumored to be destroying the place, having wild parties, or something bad is going on there". If not, then it's definitely he just recalled where he has some money and perhaps he owes some loan shark for gambling debt..loans etc.wooooooo.

The ball is now in his court, he num 1) has to send you a letter to vacate in 30 days. 2) you can send him a letter (Certified letter) that you will vacate within 30 days or per your conversation with him you intend to pay him the security deposit he asked for and in full Feb 08. You wish you could pay it sooner, but you honestly don't have it with the holidays so close and that he gave you absolutely no notice. The apt is in excellent shape and you have photographs to show this fact. You have been excellent tennants and paid all monthly rent on time every month and no security deposit was requested at the time you moved in.

3)At this point, he can either send you a notice to vacate giving 30 days, which I doubt because he will be calmed down and not want to lose good tennants he knows paid their rent every mo, are not destructive and he knows he will see the money or.

If he is a real idiot and decides to send you notice then it's 30 days and if you don't leave, it will take another 30 just to get into court for an eviction trial and then you get a couple wks to get your things out. They just don't come right in like they did yrs ago and put your things on the street. If this guy seriously does go this far as in to really file for "Eviction", you should not be living in his apt and are a fool if you do stay, you'll want to move anyway.

You should threaten to take your good rental income rearend to another apartment where the landlord can appreciate you! See the real deal is you could let him go through all the paperwork and court bit only to move out on your own destroying his place or better yet if you are paying utilities hahh and him having to pay them in the winter that'll teach him.

By all means, don't you dare go take a loan or pay him that money you don't have now it is the holidays, he's an imbecile and it's not your fault.

Good luck

Answer 3

Your landlord is changing the terms of your month to month tenancy by requesting a security deposit.

You are entitled to proper written notice of the change in terms - usually 30 days/ one full rental term - depending on your state's landlord tenant laws.

After being given proper written notice, you can either accept the change or give your own notice and move out.

The change in terms - the security deposit - will then be a requirement for you to stay in the apartment.

If you do not have a fixed term lease, you are a month to month tenant.

In many states, your landlord can terminate your tenancy without cause or reason with proper written notice.

If you fail to vacate per the termination notice, the landlord can evict.

Answer 4

hard to give advice without knowing all the facts, but in general if you where on a year lease and the landlord did not ask for a security deposit, then the lease goes month to month and now he is asking for a security deposit

he would first have to send a notice canceling the old lease and at same time offer new lease with new terms IE the security deposit request, this would need to be send month in advance then after month if you failed he could move for eviction

but that is just one fact pattern

Answer 5

why on earth would he need a security deposit now if you've been there for a year...i smell a scam and if he doesnt have anything in writing that you were supposed to pay him a deposit when you signed the lease then you don't owe him a dime...if I were you I'd find another place to live because this landlord doesn't sound too cool

Answer 6

go to the bldg. owner in a calm and business like manner and ask that you be allowed to sign an agreement to pay the security deposit in 02-2008 -- this might work if you do not complain or gripe --- use an attitude that want to solve this problem and that you are suggesting this solution as the best for both of you.......If you are pleasant and ""cool"" you have a good chance to make this work ____ be business-like and a problem solver .....