renters question

[tommymac]

As many of you guys knwo we just went to contracton a house and hope to be closing in early june. Also that our landlord is a nutjob and is tryingto make our lives hell. We need to double check the lease but I believe we need to give 30 days notice before we leave, which we plan to do and not a day earleir. (he doesnt know we went to contract yet)

Were figuring on telling him may first we will be out on june 15th and wont pay any rent and use the deposit. Is this a common practice, also do youi think theres any real leagal recourse he could take. Mind you its an illegal mother daughter house and he doesnt live there so I dont know if its in his best intrests to involve the authorities.

tom

[Quick281]

Providing the 30 days notice is wise and using the deposit as the last month's rent is quite common. At least it has been for me.

Legal or not, trying to get out of the situation without stirring up too much is always nice.

[tommymac]

Providing the 30 days notice is wise and using the deposit as the last month's rent is quite common. At least it has been for me.

Legal or not, trying to get out of the situation without stirring up too much is always nice.

in other situations I would give even more notice, but this guys been a real dick about stuff latley and could give us a hassle about stuff. esp if things got delayed or fell through like had happened to us with other houses. I know the laws seem to favor tennants but dont need any further hassle from him.

tom

[Quick281]

in other situations I would give even more notice, but this guys been a real dick about stuff latley and could give us a hassle about stuff. esp if things got delayed or fell through like had happened to us with other houses. I know the laws seem to favor tennants but dont need any further hassle from him.

tom

If thats the case I would wait till the house is a done deal and then give him the notice when the house is yours. Even if it may mean paying an extra months rent.

From the sounds of the dude you want to burn this bridge, just make sure you are safely on the other side first!

[tommymac]

If thats the case I would wait till the house is a done deal and then give him the notice when the house is yours. Even if it may mean paying an extra months rent.

From the sounds of the dude you want to burn this bridge, just make sure you are safely on the other side first!

Exactly, word is were going to go to closing and move in in early june, we should know a more exact date this week, since the seller just got her stuff together for her move too.

tom

[Corey]

Check your lease and see if you're on a 30 or 60 day notice. While the renter may not want to involve any kinda legal shit, they could create a hell of a hassle in terms of cash and annoyance. My last apartment complex tried to keep my deposit by claiming we didn't give full notice. I had the paperwork proving that I did, but it was a minor clusterfuck trying to get things straightened out.

[tommymac]

Check your lease and see if you're on a 30 or 60 day notice. While the renter may not want to involve any kinda legal shit, they could create a hell of a hassle in terms of cash and annoyance. My last apartment complex tried to keep my deposit by claiming we didn't give full notice. I had the paperwork proving that I did, but it was a minor clusterfuck trying to get things straightened out.


Its def not 60, its either 30 or 45 days. We figure he will mess around with giving back the deposit so we just wont pay for may and the part of june that we will be there. he has us pay him in cash to minimize his paper trail so there would be some difficulty if he tried pulling stuf flike that.

Tom

[Corey]

Its def not 60, its either 30 or 45 days. We figure he will mess around with giving back the deposit so we just wont pay for may and the part of june that we will be there. he has us pay him in cash to minimize his paper trail so there would be some difficulty if he tried pulling stuf flike that.

Tom

Good luck to you Tom, the sooner you can get outta that situation and into your own house, the better.

[tommymac]

Good luck to you Tom, the sooner you can get outta that situation and into your own house, the better.

Oh i know esp with all the drama going on with the guy downstairs who died, now his ex gf is taking over the place and her and I hate each other, she got upset when i put her in her place and called her trailer trash minus the trailer :lol:

If he gives us more grief I may have a house leaving party with lots of beer and try to invite people over to see who can break the most stuff :lol:

Tom

[CrazyKell]

In Canada the landlord has to pay you interest on your deposit so you don't use the last month's rent to pay for the last month because you'd be screwing yourself out of the interest.

Make sure you give the notice the day BEFORE the 45 or 30 days otherwise they can get you on that little technicality too.

[Papa_Complex]

Typically first and last month's rent is exactly that; rent. You can't usually use your security deposit as your last month's rent (legally), though people do sometimes do it.

Which brings me to the real problem, if this landlord is a whack-job. You're unlikely to get back your security deposit and watch to be sued for "additional damage." These days I wouldn't rent a place without first walking through it with a camera and getting a written/signed list of deficiencies.

Better read your lease, because frequently the 30 days notice commences at the end/beginning of the month. If you give notice halfway through a month, then you may be obligated to pay a full, additional month.

[bmblebee]

As posted before, check your lease. Security deposit cannot be used for rent unless both parties agree. No matter how whacked your landlord is, you should contact him right away and tell him you have contracted a house. This will help you.

If the landlord knows you are moving, they can begin the process to find another tenant, and prepare the apartment. It will also allow you to go over the move in list and look at the apartment to look for any "damage" that might be need to be addressed before you leave.

Your lease should state when and how the landlord may keep your deposit and when it should be returned to you. If it doesn't, I used the following on my landlords...You made me pay the security deposit after we walked through the apartment and before you gave me the keys. Since you set the rules, we will follow them. You will walk through the apartment, agree on any "damages" and then pay me my deposit before I return the keys.

Try to be upfront and honest to avoid any hassles. I am sure you are busy enough in your life that you don't need the hassles of dealing with a landlord/tenant dispute no matter what kind of nut he may be

[Particle Man]

that's how I've always done it.

[wildchild]

yep unfortunately the deposit is a damage deposit not a last months rent deposit. You still have to pay all your rents on their appropriate due date. If you don't and he is really a dick he can take you to court for failure to pay rent. Then he would be able to hit you with interest charges, court costs, atty fees etc.
If you're worried about getting your deposit back from him. Check state laws as to how long he has to return it. Usually 30 days. When you leave video tape the entire residence for condition. Have him do a visual inspect with you and sign off. Depending on how long you have been there you will lose part of the deposit for refurbishing the place. If you have been there at least a year and caused no damage you should get it back entirely.
If you are simply trying to save some coin by not paying rent, you could talk to him. He may agree to it. Never know he may surprise you. If he agrees get it in writing.

[skiergirl]

As already stated, check your lease. I have a rental house and my lease specifically states that the security deposit is exactly that and is NOT to be used as last months rent.

Pay him rent, give the required notice and if he/she is a jerk I'd send a registered letter so there is no disputing the date it arrived and saying you didn't give 30 days notice.

Take pictures of everything when you move and if he/she holds your security deposit you have legal action you can take. landlords must show more than 'normal' wear and tear in order to keep your deposit in most states.

[z06boy]

Some good advice in the last few post here so I won't add anything in reference to this BUT...

Threads like this sure do make me appreciate my home and my neighbors that much more and since I'm also a landlord it makes me appreciate my current tenants that much more !! :rockout: :lol:

I haven't always had it so good as I do now but again...I do feel very lucky in my current situation.

Good luck with your move and your new home...hope it all works out.

[Angee]

Definitely take pics. We've had people try to screw us out of damages before...damages that never existed. The camera is your friend.

[MILK]

Definitely take pics. We've had people try to screw us out of damages before...damages that never existed. The camera is your friend.

That's what I was going to say. Take pictures!!!!

A deposit is to cover any cleaning or damages that need to be done after you move out. It isn't intended to be used as rent.

Read over your lease really well too - there may be other stipulations for moving out. Years ago when I had an apartment and broke my lease, they tried to make me pay for an extra month b/c it was 'in my lease.' I asked them to point it out to me where it was on the lease I signed, they couldn't and backed off.

Be prepared going into it so you don't get in trouble afterwards!

[tommymac]

Good advice on the pics. we will def do that. there is no real damage aside from wear and tear, th eminor stuff that has been broken we have fixed as we went along. What we will do is steam clean the carpets since the cats have left a few surprises there.

I dont know about him taking legal action since this could bite him in the ass too. This is a mother daughter house. In NY the owner is supposed to live in the house and he doesnt. Were sure his permits arent up to date and wouldnt be surprised if hes not reporting some or all of the rent money.

Funny thing is we feel we have been good tennants, quiet did our thing and always paid rent on time. Problem is he likes to paly games and tries to play us against each other with the other tennants. Hell he tries to play karen and I against each other thinking we dont talk to one another :idk: even the other neighbors here think hes nuts from what i hear so now its just a case of counting down the days to get outta dodge and then deal with just being a homeowner :)

Tom

[the chi]

If thats the case I would wait till the house is a done deal and then give him the notice when the house is yours. Even if it may mean paying an extra months rent.

From the sounds of the dude you want to burn this bridge, just make sure you are safely on the other side first!


BEST ADVICE IN THIS THREAD!! That way you dont go homeless if the closing falls through.

From a landlords perspective: Read your lease thoroughly. Make sure you follow it to the "t" because if you dont and you already know this guy is a jerk, he will try to screw you.

If it requires notice, do it, IN WRITING as far in advance as possible with specifics, and as someone else mentioned, send it certified mail so he has to sign and cant deny he got it. Keep everything in writing so you have a paper trail if he gets ancy.

Find out if you lease permits proration, and if so, if you leave midmonth, you may be entitled to only pay a prorated portion of your rent in addition to the deposit.

I assume you kept track of your lease payment, and hopefully required a reciept, this can also help you if he wants to dispute your status as a good tenant.

Have the landlord do a walk through of the house with you, so that you can discuss any problems that might cause him to hold your deposit. Write issues down as you go, and have something signed stating you are both aware and what the agreement will be for the deposit.

Good luck. :dthumb:

[tommymac]

Well heres the latest, th elease kind of says we cant use the deposit for rent, however he hasnt given us receipts for the last several months so he doesnt get a penny untill we get that.

Heres where it gets good. he leaves me a voice mail yesterday making several threats. First he accuses me of tampering with his mail, he has no proof and threatened to talk to his lawyer, so we went to the post office and precinct and filed reports including the fact he owns the house but does not reside there, next he says we better not damage anything before we leave, so I know his spies are def listening to us(the trailer park trash living downstairs) then he yells at me for not answering the door the other day when he knocked, I was sleeping since I do work nights, he did wake me up but I chose to roll back over and try to sleep but he banged on the door 4 or 5 times in an hrs span. lastly he puts a full garbage can right up by my car door as a reminder the garbage has to go out. So I promptly moved it tothe front lawn as a decorative piece untill last night when we put it out front for pick up.

today he gets an earful from me, first off hes never heard me go off or raise my voice so this will def startle him, I will call him out on his accusations and tell him to follow through on it so he looks like an even bigger asshole when hes proven wrong, and lastly I will tell him if he keeps up his games I will report him to the county, the local FD (he thinks they have more power than they actualy do, my dads a local volunteer fireman) as well as the IRS because i am sure hes not reporting this on his taxes since we pay in cash.

I will let him decide how he wants to handle this, if hes an ass about it I will tell him to try to evict us and we will stay there as long as we can, or he can take keep the deposit, we leave in mid june and we both move on.

Tom

[wildchild]

sounds like you definitely need to get out of there.

You're a better person than me, had he left a trash can that close to my car it would have been emptied on top of his car. Along with skunk spray or any animal urine I could find.
I've never actually had a bad landlord. Only probs I ever had while renting were from other tenants.

[tommymac]

we def do, I will also allude to the garbage can thing and that its not wise for him to do stuff like that. I woul dlove to stoop to his level and realy fuck around but i realy dont need this blowing up on me down the road.

His problem is he likes people who arent that educated and have to rely on him so he has them by the balls. He cant handle people who are smarter than him, are independent and can think for themselves. In th epast hes made threats that he will sell the house and we will all be on our own. I called him on it and told him go ahead. I have back up plans for stuff like that anyway.

Now the guy upstairs is asmart guy whos doing his thing and doesnt take his crap so of course he wants to get him out. the Ex gf of the guy who died is now going to rent the place so he can push her around and she will do work around the house for him and he has a drinking buddy in her so in his eys shes ok.

Def a very bizzare situation but I figure in under 2 months, hopefully sooner were gone and he will still have his miserable situation.

tom

[z06boy]

What a f*cked up situation. Do your best not to lose your temper...that's where I'd have a big problem...I know.

Good luck getting out of there man.

[tommymac]

What a f*cked up situation. Do your best not to lose your temper...that's where I'd have a big problem...I know.

Good luck getting out of there man.

Thats why its better to confront him over the phone. Although I could just physically intimidate him that prolly wouldnt go well in the long run. I will make my threats over the phone and let him figure out what he wants to do from there.

Tom

[azoomm]

Tommy, record the conversation - if just so it keeps you in check. I know it works well with me. Besides, then you can listen to it and really recall what was discussed.

[tommymac]

Tommy, record the conversation - if just so it keeps you in check. I know it works well with me. Besides, then you can listen to it and really recall what was discussed.

can yo udo that on a cell phone?

Tom

[Papa_Complex]

Worst case; do it on speakerphone. You're in luck too, because NY is a "one party" State, so it can even be used in evidence during legal action.

[skiergirl]

Since he's already threatening legal action make sure you abide by all the laws and your lease. If it actually happens you will look like a much better person having not stooped to his level of games an BS. Don't threaten him or do anything stupid no matter how ridiculous his actions or words are he's just trying to instigate. Be the bigger man. Best of luck to you, it's only for a short time.....

by the way, I'm saying a little thank-you in my head right now for the wonderful tenant I have.

[tommymac]

Since he's already threatening legal action make sure you abide by all the laws and your lease. If it actually happens you will look like a much better person having not stooped to his level of games an BS. Don't threaten him or do anything stupid no matter how ridiculous his actions or words are he's just trying to instigate. Be the bigger man. Best of luck to you, it's only for a short time.....

by the way, I'm saying a little thank-you in my head right now for the wonderful tenant I have.

The only threats Iwill be making are more in a legal sense def not anything physical. I will call him on th email tampering thing, tell him go ahead and investigate since I never did anything he claims. Also that if he wants to threaten me with legal action I will gladly return the favor. Karen and the lawyer at work are going over the lease and the situation right now so we know what we can or cant do.

Tom

[skiergirl]

And no matter how much you do right some people are just assholes and always will be. Sounds like you have all the right idea's though....

[azoomm]

can yo udo that on a cell phone?

Tom

Yes.
http://www.radioshack.com/product/index.jsp?productId=2141764

With a recording device, plug this into the microphone jack. It is an earbud with a mic in it. You put it in your ear, then put the phone up to that ear - it records your voice AND what is coming through the speaker.

:dthumb:

[tommymac]

Yes.
http://www.radioshack.com/product/index.jsp?productId=2141764

With a recording device, plug this into the microphone jack. It is an earbud with a mic in it. You put it in your ear, then put the phone up to that ear - it records your voice AND what is coming through the speaker.

:dthumb:

Hmm I also have one of those pocket recording devices from college, that could work too.

Tom

[tommymac]

Things are looking up for us. Our lawyer and realtor read the lease and more or less said fuck him, let him take us to court or try to since he has an illegal set up. Also looks like we may get in sooner, possibly as early as memorial day weekend:rockwoot:

Tom

[skiergirl]

Good news indeed! best of luck to you!

[tommymac]

I am sure to get some more calls today, I started breaking stuff down in the carport so even if he doesnt come by his spies will et him know whats going on. I think for now its better to just avoid him. First to minimize confrontation, karens told me many times not to lay a hand on him ( maybe a size 15 upside the head would help :lol: ) and second to get him nervous, he starts seeing/hearing stuff is disappearing and/or were throwing out a lot of stuff he will know somethings up but wont know what or when its going to happen for another week or 2 ;)

Tom