Landlord Won't Use Last Month's Rent
My landlord won’t use last month’s rent. When I signed the lease for my apartment I gave my landlord a $1700 deposit. When I moved in two weeks later I gave her $5100 for the first three months. On the second month in the apartment, my landlord asked for the rent and I told her…
My landlord won’t use last month’s rent. When I signed the lease for my apartment I gave my landlord a $1700 deposit. When I moved in two weeks later I gave her $5100 for the first three months. On the second month in the apartment, my landlord asked for the rent and I told her I already paid the first 3 months. She said No. I could use that money for the last two months. Because it was no big deal, I obliged.
In Dec ’09 I wrote her a letter saying I was going to move out on Feb 1 and to please use the last two months rent for Dec ’09 and Jan ’10. She said I could use Dec ’09 but not Jan ’10. She said she had too many bills to not receive rent for Jan. I started to get concerned about the money. I then decided to stay in apartment and paid rent for Jan ’10.
I’m a freelancer and the Recession has affected my income and I can no longer afford to pay $1850 rent (she increased my rent by $100 in March ’10 after a 10-day late rent payment).
Now, I want to move out on Oct 1 and I want her to use the last month’s rent. She told me I couldn’t do that. She’s said it’s a deposit. I told her the $1700 I gave her when I signed the lease was the deposit. After cursing me out on the phone and accusing me of playing games, she calmed down, and then said a collection of late fees, a $100 lost key fee (which is not in the lease), and a return check fee will be deducted from security and she will not let me use security for last month’s rent. I explained that my deposit was not my last month’s rent. She says it is.
It also should be noted that she makes me pay her in money orders (which I hear is illegal). She’s also increased my late fee from 5% to 10% in March ’10.
Yesterday, she and “a friend” knocked on my door. When I opened the door the “friend” stated “You’ve been served”. I had no idea what was going on. I refused to take the paper. My landlord (who was hiding around the corner) snatched the paper from her “friend’s” hand and tossed it into my apartment.
When I opened the document I noticed it was the list of late fees, the $100 lost key fee, and a statement saying I will not use my security as last months rent. And that I need to be out of apartment by Sept 30.
What shall I do?
I hope you were able to work everything out. You just had to do some research and never ever let someone intimidate you with threats. If something doesnt seem right to you ask questions. If it isnt documented as such or so in their paper work then it isnt. Let them take you to court or better yet you take her to court. Again hope things worked out and for next time just do better at asking clear questions in the begining and making sure what they say is what is documented that way you’re protected…
http://www.housingnyc.com/html/resources/attygenguide.html#1
I’d like to thank EVERYONE for your honest and informed advice.
I sent a certified letter to landlord earlier in the week (explaining how I WILL use last month’s rent) and haven’t heard anything from her… yet.
I’ll keep you posted as my moving day nears (Sept 30).
Xavier
I’m a landlord and like other posters have said, 2 months’ security is very unusual. Don’t pay her any more money. If you pay for September and move out at the end of the month, she’ll find a way to keep all of your two months worth of security.
If your accounting is solid, then just move out as soon as possible. Expect that she’ll claim damages and keep your entire security anyway – she sounds like the type. You might be able to sue to get a portion of it back – she’s supposed to keep receipts for repairs if she’s going to keep your security. I suspect she won’t have that.
“No one pays two months security.”
Untrue.
“The amount of the security deposit is whatever is specified by the lease. It could be one month, two, or more — whatever it says in the lease.”
True
The original lease that prevailed before op became a month to month tenant, which btw I believe is risky for both parties, will state exactly what is security and what is the last month’s rent, if any. If it states that one month security was required, that isn’t something the landlord can alter at will in the absence of a renewal lease in which such an increase in security was agreed to by the tenant and put in writing. This doesn’t seem to be the case.
In my opinion, op should work with a lawyer, as this can get much worse. No further money should be paid toward rent until this issue is resolved. It is true that the tenant can bring a case in small claims, and most likely win easily, but documentation is key. This is just one reason why I don’t like month to month tenancies; it is much better to have an agreed upon term, and terms that have been agreed to.
As an aside, I was confused as to why the tenant paid three months all at once early on in the lease. Was a discount offered? That part was curious.
good luck
Whenever people get hinky with the law you really need to start mailing everything certified mail. Landlords like this just need to get a wiff that you are part of society with laws, they back down pretty quick.
This is why it is great to be friends with as many police and firemen and sanitation men as you can. Even better than certified mail is when someone in uniform delivers the final check. We saw a firefighter in Boston do this in the building I was in for someone who needed repairs. The landlord did the repair and started cleaning the building more then ever. It takes a village. (or a village people).
What part of payng with money orders is illegal? or is it the “making you pay” part?
presumably you met with your atty by now: so what did they say? curious to know how you’re gonna proceed….
I experienced a similar situation with a crazy landlord. My roommate and I actually left before our lease was up because he was coming into our apartment unannounced and moving our things. And threatened us with various fees and refused to let us use the last month’s rent (so we just didn’t pay last month’s rent). And he never came after us. Cause when it came down it, he would not have won the case. And he knew it.
Long story short – Don’t pay her any more money! Use the last month’s rent as last month’s rent. And then get the hell out. If this woman is as short on cash as she seems to be, she likely won’t have the money to get a lawyer. And also, more than likely, it would cost her more to purse getting more money from you, especially since you don’t legally owe it to her. She cannot come and get the random fees that are undocumented if you don’t actually owe them to her. All she can do is try to scare the money out of you.
Document everything! We told the landlord we would only communicate via writing (letter or email) and kept/printed out copies of ALL of our correspondence so if we ever needed to go to court, we would have all our bases covered. (side note – his written response to our complaint about him entering our apt without permission with citings of tenant’s rights involved lots of bible quotes. sign #76 that this man was nuts!) We also took pictures of the apartment (including the loose banister he never repaired) after we thoroughly cleaned it and showed that there was no damage.
Good luck!
It’s probably too late, but I don’t know that you need a lawyer.
A friend moved into a place that had an absurdly high security of *two* moth’s rent. he paid it and lived there for several years.
When he moved out, leaving the place in better condition than when he moved in, he asked for his deposit back. The landlord said she didn’t have it. basically, she spent it all.
Even after she had another tenant move in she didn’t have it — you’d think she’d use the new tenant’s security deposit to pay back the old one… but no, she spent that too.
He took her to small claims court. He won. And now he gets a check from her every 3 months or so for a $100 or so. She wasn’t crazy — just irresponsible.
My point is, really, that he won in small claims court VERY easily. No lawyer needed. I’d just do the math, figure out what you truly owe her, accept her “fees”, and pay what you owe or don’t pay based on the $$ she already has from you.