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?
@daveinbedstury – I’m month-to-month as of June 30 2008.
What are the terms of your lease????
So I just noticed the landlord also included a THIRTY DAY NOTICE TERMINATING MONTHLY TENANCY FROM MONTH TO MONTH. It’s dated August 16 2010, but she states I must move out on September 30, 2010. I’m confused. So she will not use my last month’s rent for September and she’s already taking fees from the security deposit.
Her words in other document: “As of today, I have $2177 security for you in my possession. $3400 (minus fees, etc). It’s a bit over your currently monthly rent – BUT IT IS NOT 2 MONTH’S SECURITY!
As the letter you gave me dated Dec 3 2009, states you were supposed to be OUT OF THIS APARTMENT BY FEBRUARY 2010. You didn’t leave but somehow you seem to think it’s your right to use the security deposit as you see fit. THIS WILL NOT HAPPEN!!!”
If shes crazy, there’s only so much you can do. If you paid her first, last and security, then you can use them as such.
My instinct is that she is hurting for money. You can assume that she wont be handing over any of your money that she possesses that she possesses when you move out. She has told you as much. Feel free to act accordingly.
Talk to a lawyer if you feel the need.
@slopenick – thanks!
found this doing a quick search on the web: http://www.sbls.org/index.php?id=16
No idea whether they are any good or not, but they specifically say they provide legal assistance to low income individuals, so they probably wouldn’t be shocked to deal with someone who can’t afford a lawyer. This being NYC, I’m sure there are other tenants rights organizations that can help you at no or very low cost.
@slopenick – Thanks for the lawyer idea and refusing to speak to the landlord. After she literally blasted me with profanity and then said she’d do more than threaten me (and then the bizarre moment with the friend serving me papers) I’m concerned this landlord is capable of anything. My only concern is that I can’t really afford a lawyer at the moment.
@bohuma – Yes, my plan is to get out of here. I’ve ignored most of her stressful behavior for the last three years (including a period when she cut off access to the basement of the building because she believed one of the tenants had let a “saboteur” into the basement and sabotaged a 19 year old faulty boiler.
If you are going to withhold rent, make sure it goes into an escrow account. This landlord sounds super fishy, it’s possible that her tax returns and any filings with the city are works of fiction. I would be more focused on getting the hell out of there at the least cost. Any time a landlord refuses to accept a cashier’s check for the rent you have to be suspicious. When you go to find a new place, try and find a more professional landlord.
I would definitely say get a lawyer – and make sure you get a TENANTS lawyer and not a landlord’s lawyer. It will cost you a couple hundred bucks, but they will tell you what your rights are, and will write a letter to the landlord telling them so. You can have the letter be as threatening (“we’ll sue you in 30 days if you don’t comply…”) or as non-threatening as you want. Don’t speak again to your landlord, and if she tries to speak to you, tell her that her lawyer can contact yours. Give her every reason to think that you will NOT back down and will make it very expensive for her to find out she’s wrong. Don’t pay ANYMORE RENT until the situation is solved.