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help me make a decision. UPDATED!!!


cincityplayer
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O.k. here's the situation.... I'm set to close on my house the 30th of this month. As of right now I have not paid my current months rent or given my notice of my plans to vacate(because I'm trying to make a decision on what to do) I was considering not paying this month's rent and telling my landlord to keep my security deposit and I will be out before the 5th of next month. what do you guys think?? There is no damage to the apartment as I have not even put up a picture. The issue is I really don't want to have to wait on him to return my security deposit because he is complete piece of S@%T and never wants to repair anything. Not to mention if I wait any longer to give notice he could possibly try to not return my full deposit because I did not give him 30 days notice even though I am not on a lease I am on a month to month basis. Comments, suggestions?

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Hmm....you should look in your lease/contract agreement and see what it says about this.

I know our previous residence it cleary stated that we were NOT to use our deposit as last months rent, and you should also see if there is something binding you to give them some sort of notice, 2 weeks, a month, whatever.

Otherwise, this guy can and probably will pursue legal action if hes got ya!

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well, Lanlord just knocked on my door for the rent and I proposed the security Deposit and I'll be out by the 5th of next month option. He agreed 8) . On a side note my LO sent me a rent verification form for him to fill out and he refused his reason was " I cant give you a good refrence" and I explained to him it was not a refrence but a request for FACTUAL DATA on if I have ever been 30 days late on my rent to him and if so how many times and he declined so what can I do now? I told you guys he was a piece of S@#T

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your walking on a slippery slope right now. Most agreements state you can not use deposit as last months rent and obviously the rent is late by the 8th of the month. I would pay the rent and wait for the deposit (in Cali. landlord has 14 days from move out to refund deposit or give detail as to what was deducted and for what reason). If he doesn't pay you the deposit back or a detailed statement of what was deducted -- sue him in small claims court. I don't think holding out on the rent is worth losing a loan for. For proof of paying rent on time try getting copies of cancelled checks. This way, you can bypass this idot. This guy sounds like a moron. Don't let him ruin your plans.

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Here is another way of looking at things.

You owe the rent.

If you don't pay the rent, you won't get your home (unless you kept copies of the checks that you used to pay the rent (that is why I "harp" on that issue a lot. yes, with apt complex and property management co's, your LO can use a verification form, but what if... place burns down, management changes, computer files... or you end up having an issue with the manager)

I don't know if you have seen the form, but all it askes is have you (or how many times) you have been 30 days late on your rent.

My suggestion is that you take your payment to him, with the form, filled out correctly and honestly, and have him sign and date it and then give him your rent payment.

Otherwise there is a great chance that you won't get your home, and I am sure that you have put a lot of time and effort and $ into getting this far.

Charles

BTW: I am totally sure that you will not get much of your deposit back. We even took before and after pictures of our daughters apt, to show that it looked better after she left than before she got there, and the manager said that the photo's did not show everything exactly, and still kept 150.

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The issue is not the rent the issue is the fact that he will not sign it even if I do pay him because he is a complete A$$ho#e. I have no issue with paying him but he already agreed to the deal. so what do I gain buy paying him and he still won't honestly fill out the verification form. I asked him to fill it out after I proposed the deal he could have said "pay me this months rent and I will sign" it or something to that effect, but he is completely unwilling to sign it even if I do pay so what now?????? I'm sure the bank has photo copies of all my checks but how long do they keep them because they no longer acutually return the "physical " check anymore I can't believe some people :evil:

Recovering attorney said

. Nothing frosts a landlord more than a tenant who leaves quickly and says "keep my deposit." It hurts, but don't play that game.

I don't think it's quick 22 days is as close to 30 days notice I could give him. Secondly if he had any objections he could have said "no deal pay me this month and I'll send you your deposit" he is just a IDIOT!!! there has got to be some way around him I'm going to speak to my LO and let him know the situation.

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I'm sure the bank has photo copies of all my checks but how long do they keep them because they no longer acutually return the "physical " check anymore I can't believe some people :evil:

You would be surprised at how long the banks actually keep the records. They usually transfer them to microfich (sp?) or at least they used to. They probably have a more efficient way of doing so now. I would contact the bank with all of the check#'s that you need. It is probably going to cost you but shouldn't take them but a week or 2. When DH & I were going through this we had all copies back to us within 2 weeks without any trouble. We got lucky because the bank didn't even charge us for the copies.

As for paying/not paying last month rent, I agree with Charles...pay the rent. From what you said, this guy could probably cause more trouble than you want/need. Pay the last month rent and give your notice in writing. By giving notice in writing he can't say he didn't get it. You might want to even write it in the memo of the check the date that you plan on being out.

Good luck!

paw67

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