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JennP
LIF Adult
Member since 10/06 3986 total posts
Name:
Jenn
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Ugh-Another Landlord/Tenant Issue - Please help!
My tenant just gave me notice today that she is moving out 4/30.
It's a month to month lease.
She told me on Friday when the rent was due that she would pay me on the 5th.
I got no money today. Instead, I get notice that she is leaving.
We are not on good terms so I am fine with it, plus it's not a surprise.
However, I have a two BIG problems:
1. She said in her letter that she wants to use her security deposit for the rent for this month. I thought that was illegal, but nothing in my lease states that. All it says is that it's refundable 21 days after she vacates. I know I need to go by the lease, but does that phrase cover me? Isn't it illogical for her to be able to pay her last month with her security because then there is nothing from which to deduct after I conduct the inspection? I am mainly concerned because there is damage that I was planning on deducting from her security.
2. She did not give the full 30 days notice. I know it's not by much, but she's had a lot of chances in the past year so I am not in the mood for mercy.
What are my rights?
Help!
Thanks!
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Posted 4/5/11 7:37 PM  |
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acm1899
LIF Adult
Member since 1/11 1085 total posts
Name:
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Re: Ugh-Another Landlord/Tenant Issue - Please help!
I know laws vary from state to state, but I'm pretty sure that the tenant can not use any or all of the security deposit as payment for the final month's rent. The security deposit is there as a 'security' against any damages to the leased premises.
Let's say you let her use the deposit as rent, then she moves out and you discover that there is damage to the apt, where are you going to get the money to fix the damage if she's already skipped town?
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| Posted 4/5/11 8:16 PM |
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JennP
LIF Adult
Member since 10/06 3986 total posts
Name:
Jenn
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Re: Ugh-Another Landlord/Tenant Issue - Please help!
Posted by acm1899
Let's say you let her use the deposit as rent, then she moves out and you discover that there is damage to the apt, where are you going to get the money to fix the damage if she's already skipped town?
That's what I was thinking. Thanks.
She's determined to use her security as rent and has no intentions on giving me a dime.
What are my rights here? Does anyone know?
She says she got an attorney who told her it was fine. Does anyone have any ammunition to help me prove her wrong?
It just doesn't sound right to me.
Thanks!
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| Posted 4/5/11 8:49 PM |
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alli3131
Peanut is here!!!!!!
Member since 5/09 18388 total posts
Name:
Allison
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Re: Ugh-Another Landlord/Tenant Issue - Please help!
SHe has to give a full months term as notice and by that I mean since she gave notice on the 5th she has to pay til June 1. Not til May 5th.
As for the security deposit it is just that security for damages. It is not allowed to be used as rent. I would talk to her asap about all of this.
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| Posted 4/6/11 6:31 AM |
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JennP
LIF Adult
Member since 10/06 3986 total posts
Name:
Jenn
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Re: Ugh-Another Landlord/Tenant Issue - Please help!
Posted by alli3131
SHe has to give a full months term as notice and by that I mean since she gave notice on the 5th she has to pay til June 1. Not til May 5th.
As for the security deposit it is just that security for damages. It is not allowed to be used as rent. I would talk to her asap about all of this.
Thanks.
I did, and she won't pay. She pretty much said tough sh!t.
What is my recourse?
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| Posted 4/6/11 8:41 AM |
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acm1899
LIF Adult
Member since 1/11 1085 total posts
Name:
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Re: Ugh-Another Landlord/Tenant Issue - Please help!
Posted by JennP
Posted by alli3131
SHe has to give a full months term as notice and by that I mean since she gave notice on the 5th she has to pay til June 1. Not til May 5th.
As for the security deposit it is just that security for damages. It is not allowed to be used as rent. I would talk to her asap about all of this.
Thanks.
I did, and she won't pay. She pretty much said tough sh!t.
What is my recourse?
Unfortunately you can't threaten her with eviction since she's already leaving. I think you should speak to your attorney to find out what your options are. If all your papers are in order, then you may need to take legal action against her, sue her perhaps, or take her to small claims court.
And you should definitely put a specific clause in your next tenant's lease stating that the Sec'y Dep can NOT be used to pay rent.
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| Posted 4/6/11 9:06 AM |
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NoStressMom
My Heart and Soul
Member since 5/05 11122 total posts
Name:
D
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Re: Ugh-Another Landlord/Tenant Issue - Please help!
I have been down this road way to many times with my tenants unfortunately I never got a dime out of them I did use the security for rent because it cost me more in lawyers fees to get nothing out of these people. It sucks but you keep the security and hope you find better tenants. Being a landlord stinks
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| Posted 4/6/11 9:10 AM |
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Re: Ugh-Another Landlord/Tenant Issue - Please help!
Technically security deposits are not counted towards rent however I did accept 2 months security for rent when a prior tenant broke the lease 6 months early. It's really the landlords discretion whether they want to apply the security deposit toward rent.
Your tenant only breached the lease by 5 days since her notice was given on April 5th with an intention to vacate on April 30th. If she left on May 5th, she would be within her rights. Your damages would be the pro-rated amount of that 5 days rent..if I were in this situation, I'd ask her to lay 5 days of rent and I would retain the security deposit for the month she isn't living there (May).
Sorry this happened to you,I'm also a landlord but try to avoid having month to month leases for this very reason. 
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| Posted 4/6/11 9:20 AM |
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bicosi
life is a carousel
Member since 7/07 14956 total posts
Name:
M
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Re: Ugh-Another Landlord/Tenant Issue - Please help!
I have 2 homes that are rentals.
She cannot use a security deposit to live the last month on. She would have had to use her first last month's rent to live out on.
(I always include that clause in my leases because I HATE that)
Secondly, she has to give you a FULL month's notice. Did she do it written or verbal?
In either case, start putting everything in writing with her, even if you have to send it to her certified mail.
I would go and talk to her and make this all very clear.
Do you have a copy of the lease I can see and see what recourse you have?
I'm a b!tch and tough when it comes to this but I would so be sending her a notice to vacate.
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| Posted 4/6/11 9:34 AM |
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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
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Re: Ugh-Another Landlord/Tenant Issue - Please help!
Posted by JennP
1. She said in her letter that she wants to use her security deposit for the rent for this month. I thought that was illegal, but nothing in my lease states that. All it says is that it's refundable 21 days after she vacates. I know I need to go by the lease, but does that phrase cover me? Isn't it illogical for her to be able to pay her last month with her security because then there is nothing from which to deduct after I conduct the inspection? I am mainly concerned because there is damage that I was planning on deducting from her security.
2. She did not give the full 30 days notice. I know it's not by much, but she's had a lot of chances in the past year so I am not in the mood for mercy.
What are my rights?
Help!
Thanks!
1) Legally she cannot use security deposit for last month's rent. It doesn't matter if it's not in your lease. A security deposit is in fact... a deposit. Send her a certified letter saying she is late with the rent and tack on a late penalty. Get the ball rolling in writing.
2) Same as above, if she didn't give you a full 30 days notice she owes you money.
Sue her azz after she is out. Sue her for the damages to the apartment, late fees for being late on this month's rent, and for not giving 30 days notice.
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| Posted 4/6/11 9:41 AM |
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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
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Re: Ugh-Another Landlord/Tenant Issue - Please help!
Posted by JennP
Posted by alli3131
SHe has to give a full months term as notice and by that I mean since she gave notice on the 5th she has to pay til June 1. Not til May 5th.
As for the security deposit it is just that security for damages. It is not allowed to be used as rent. I would talk to her asap about all of this.
Thanks.
I did, and she won't pay. She pretty much said tough sh!t.
What is my recourse?
It's easy. Sue her. Get judgement and then send the debt collectors after her.
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| Posted 4/6/11 9:42 AM |
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CrankyPants
I'm cranky
Member since 7/06 18178 total posts
Name:
Mama Cranky
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Re: Ugh-Another Landlord/Tenant Issue - Please help!
My brother tried to do this same thing when he was younger.
The landlord took him to small claims court and won, so, if you are in NY I'm pretty sure you will win.
He had to pay for the extra month because he has not given notice on the 1st AND he had to pay up for any damages to the apt since he had used his security deposit.
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| Posted 4/6/11 12:01 PM |
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NoStressMom
My Heart and Soul
Member since 5/05 11122 total posts
Name:
D
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Re: Ugh-Another Landlord/Tenant Issue - Please help!
Posted by ave1024
Posted by JennP
Posted by alli3131
SHe has to give a full months term as notice and by that I mean since she gave notice on the 5th she has to pay til June 1. Not til May 5th.
As for the security deposit it is just that security for damages. It is not allowed to be used as rent. I would talk to her asap about all of this.
Thanks.
I did, and she won't pay. She pretty much said tough sh!t.
What is my recourse?
It's easy. Sue her. Get judgement and then send the debt collectors after her.
I agree but our lawyer told us it will cost me more in lawyers fees and years and years before you could get any money from them. If you willing to waiting it out and pay a lawyer then try to sue her. My rental property is in SC We had to pay $200 for a letter to be sent to them saying they need to leave and then we had to pay $300 for the lawyer to go to the courts to start the eviction process. Guess what she finally left no money to us and we had to the mortage and also $500 total for the lawyer
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| Posted 4/6/11 12:42 PM |
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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
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Re: Ugh-Another Landlord/Tenant Issue - Please help!
Posted by NoStressBride
Posted by ave1024
Posted by JennP
Posted by alli3131
SHe has to give a full months term as notice and by that I mean since she gave notice on the 5th she has to pay til June 1. Not til May 5th.
As for the security deposit it is just that security for damages. It is not allowed to be used as rent. I would talk to her asap about all of this.
Thanks.
I did, and she won't pay. She pretty much said tough sh!t.
What is my recourse?
It's easy. Sue her. Get judgement and then send the debt collectors after her.
I agree but our lawyer told us it will cost me more in lawyers fees and years and years before you could get any money from them. If you willing to waiting it out and pay a lawyer then try to sue her. My rental property is in SC We had to pay $200 for a letter to be sent to them saying they need to leave and then we had to pay $300 for the lawyer to go to the courts to start the eviction process. Guess what she finally left no money to us and we had to the mortage and also $500 total for the lawyer
Then don't use a lawyer! Why do you need a lawyer to sue somebody?
Go down to small claims court. Pay the $20 filing fee. And sue this azzzz!
You see the problem with many landlords is the fact that they don't properly go after deadbeat tenants. Then these deadbeat tenants pull the same stunts with other landlords because they know they can get away with it. It's too hard to sue. Too expensive to sue. Bull____.
Sue them. Show up to court on your assigned date. Get a court judgement because frankly you can't lose. Then just send debt collectors after them. You pay $20 for the court date. The debt collectors usually don't even cost anything (because they don't get paid half the time unless they collect).
When you are awarded judgement against somebody, the debt collectors will contact you looking for business. You don't even need to look for them. They just solicit business by looking at public court records and judgements.
ETA: I will say though that if you are an out of state landlord, it could be more difficult. I would sue them anyway. Find a lawyer that will do it on the cheap. Price the lawyers against each other looking for the best deal.
Message edited 4/6/2011 1:39:38 PM.
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| Posted 4/6/11 1:38 PM |
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bicosi
life is a carousel
Member since 7/07 14956 total posts
Name:
M
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Re: Ugh-Another Landlord/Tenant Issue - Please help!
Posted by ave1024
Posted by NoStressBride
Posted by ave1024
Posted by JennP
Posted by alli3131
SHe has to give a full months term as notice and by that I mean since she gave notice on the 5th she has to pay til June 1. Not til May 5th.
As for the security deposit it is just that security for damages. It is not allowed to be used as rent. I would talk to her asap about all of this.
Thanks.
I did, and she won't pay. She pretty much said tough sh!t.
What is my recourse?
It's easy. Sue her. Get judgement and then send the debt collectors after her.
I agree but our lawyer told us it will cost me more in lawyers fees and years and years before you could get any money from them. If you willing to waiting it out and pay a lawyer then try to sue her. My rental property is in SC We had to pay $200 for a letter to be sent to them saying they need to leave and then we had to pay $300 for the lawyer to go to the courts to start the eviction process. Guess what she finally left no money to us and we had to the mortage and also $500 total for the lawyer
Then don't use a lawyer! Why do you need a lawyer to sue somebody?
Go down to small claims court. Pay the $20 filing fee. And sue this azzzz!
You see the problem with many landlords is the fact that they don't properly go after deadbeat tenants. Then these deadbeat tenants pull the same stunts with other landlords because they know they can get away with it. It's too hard to sue. Too expensive to sue. Bull____.
Sue them. Show up to court on your assigned date. Get a court judgement because frankly you can't lose. Then just send debt collectors after them. You pay $20 for the court date. The debt collectors usually don't even cost anything (because they don't get paid half the time unless they collect).
When you are awarded judgement against somebody, the debt collectors will contact you looking for business. You don't even need to look for them. They just solicit business by looking at public court records and judgements.
ETA: I will say though that if you are an out of state landlord, it could be more difficult. I would sue them anyway. Find a lawyer that will do it on the cheap. Price the lawyers against each other looking for the best deal.
Actually, for me, OOS was easier.. The laws are favor the Landlord.. ;) (TX)
And like ave said, you do NOT need an attorney.. in all honesty, your tenant may be scared sh!tless after receiving a notice that she may pay you after all.. and if she doesn't, well then she'll have that judgment over her head which I'm sure isn't going to look good for her when looking for a new place
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| Posted 4/6/11 1:56 PM |
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bobby769
LIF Infant
Member since 7/10 253 total posts
Name:
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Re: Ugh-Another Landlord/Tenant Issue - Please help!
The only thing I have to add is
this sight will give you detailed info by state:
http://www.rentlaw.com/
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| Posted 4/6/11 2:05 PM |
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Blu-ize
Plan B is Now Plan A
Member since 7/05 32475 total posts
Name:
Susan
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Re: Ugh-Another Landlord/Tenant Issue - Please help!
Posted by bicosi
Posted by ave1024
Posted by NoStressBride
Posted by ave1024
Posted by JennP
Posted by alli3131
SHe has to give a full months term as notice and by that I mean since she gave notice on the 5th she has to pay til June 1. Not til May 5th.
As for the security deposit it is just that security for damages. It is not allowed to be used as rent. I would talk to her asap about all of this.
Thanks.
I did, and she won't pay. She pretty much said tough sh!t.
What is my recourse?
It's easy. Sue her. Get judgement and then send the debt collectors after her.
I agree but our lawyer told us it will cost me more in lawyers fees and years and years before you could get any money from them. If you willing to waiting it out and pay a lawyer then try to sue her. My rental property is in SC We had to pay $200 for a letter to be sent to them saying they need to leave and then we had to pay $300 for the lawyer to go to the courts to start the eviction process. Guess what she finally left no money to us and we had to the mortage and also $500 total for the lawyer
Then don't use a lawyer! Why do you need a lawyer to sue somebody?
Go down to small claims court. Pay the $20 filing fee. And sue this azzzz!
You see the problem with many landlords is the fact that they don't properly go after deadbeat tenants. Then these deadbeat tenants pull the same stunts with other landlords because they know they can get away with it. It's too hard to sue. Too expensive to sue. Bull____.
Sue them. Show up to court on your assigned date. Get a court judgement because frankly you can't lose. Then just send debt collectors after them. You pay $20 for the court date. The debt collectors usually don't even cost anything (because they don't get paid half the time unless they collect).
When you are awarded judgement against somebody, the debt collectors will contact you looking for business. You don't even need to look for them. They just solicit business by looking at public court records and judgements.
ETA: I will say though that if you are an out of state landlord, it could be more difficult. I would sue them anyway. Find a lawyer that will do it on the cheap. Price the lawyers against each other looking for the best deal.
Actually, for me, OOS was easier.. The laws are favor the Landlord.. ;) (TX)
And like ave said, you do NOT need an attorney.. in all honesty, your tenant may be scared sh!tless after receiving a notice that she may pay you after all.. and if she doesn't, well then she'll have that judgment over her head which I'm sure isn't going to look good for her when looking for a new place
I would add in your letter to her that you will not give a good reference in the future for her if she needs it.
By law she owes you the money and then some. Put it all in writing. If she still refuses sue her in small claims. When the judgement is awarded to you then you get the collection agency after her and they can garnish her salary. Put that in there too.
No attorney told her it was legal. She doesn't have a leg to stand on. Don't let her push you around.
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| Posted 4/6/11 2:43 PM |
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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
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Re: Ugh-Another Landlord/Tenant Issue - Please help!
Posted by bicosi
Actually, for me, OOS was easier.. The laws are favor the Landlord.. ;) (TX)
Oh yes some states have much better laws for landlords.
I was just saying if you are out of state, you probably have to hire some sort of council to show up for you in court (unless you are in this state enough where you can make an appearance personally).
If you are renting a unit in your home town, filing suit is so easy. It's also entertaining. I challenge anybody to go to small claims court and I can guarantee you will walk out of there laughing just listening to the other cases. It's like watching the People's Court. Some of these stories are bizarre. 
Message edited 4/6/2011 2:52:22 PM.
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| Posted 4/6/11 2:52 PM |
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bicosi
life is a carousel
Member since 7/07 14956 total posts
Name:
M
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Re: Ugh-Another Landlord/Tenant Issue - Please help!
Posted by ave1024
Posted by bicosi
Actually, for me, OOS was easier.. The laws are favor the Landlord.. ;) (TX)
Oh yes some states have much better laws for landlords.
I was just saying if you are out of state, you probably have to hire some sort of council to show up for you in court (unless you are in this state enough where you can make an appearance personally).
If you are renting a unit in your home town, filing suit is so easy. It's also entertaining. I challenge anybody to go to small claims court and I can guarantee you will walk out of there laughing just listening to the other cases. It's like watching the People's Court. Some of these stories are bizarre.
I've been to small claims court before (and won).. it's insane!
For me, as a landlord, I could have hired an agent (which was under $100 bucks to do the filing) or I could start it myself by sending a certified notice to vacate.. that was it.. but luckily, I didn't have to do anything else because the NTV alone was enough to convince the tenants to do the right thing.
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| Posted 4/6/11 3:01 PM |
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JennP
LIF Adult
Member since 10/06 3986 total posts
Name:
Jenn
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Re: Ugh-Another Landlord/Tenant Issue - Please help!
Just a quick update since you were all kind enough to chime in with help:
It was resolved out of court. I was all ready to file in small claims when she told me she was going to vacate early anyway. I confirmed her new address. By the time I filed suit, she would have been almost out anyway, so I gave it a little time and we were able to work it out. (Not amicably... it was VERY tense until the end...neither of us wanted to make it easy, but it's over!)
Thanks again.
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| Posted 4/25/11 1:03 AM |
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