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Posted by TenantNet on November 28, 1997 at 03:18:12:

In Reply to: Using security deposite as last month rent posted by Maria on November 19, 1997 at 20:28:24:

: We lived in a private house, our lease will end at 11/30/97. Three month ago,
: we noticed the landlard we would leaving when the lease expired, they agreed,
: On Nov 1, we noticed the landlord we will move out in the mid of Nov, would
: like to apply our security deposite as our last month rent, the landlord
: did not agree, On Nov 10, he went to small court to sue us for not paying Nov's rent.

: The reason we want to apply our security deposite as our last month rent are:

: 1. In the lease we signed, there is no clause indicating we cannot using security deposite
: as last month rent.
: 2. According to the lease, the landlord should put our security deposite in trust,
: "in trust", as we understand, means to put the money in separate account, and the landlord
: failed to do so. Because we lived in a private house, we don't know if the landlord should
: set up a separate account for security deposite as required by law.
: 3. Afraid of landlord retaliation. Since Sept, they have kept shown the apartment to potential
: tenant, sometimes, it was inconvenient for us, they were angry when we asked them
: to schedule another time.
: 4.Since they have shown the apartment many times, they knew there is no demage to the apartment.

: We already moved out and clean the apartment, we will have to face the landlord in the court,
: the landlord has a history of suing the tenants, we have no court experience, Please help us
: to know what rights we have, how should we prepare for thr court.

Be careful. Go back to the place and take photos and get a witness that there is no damages.
If the owner denies you entrance (did he take the keys -- then he accepted your moving out).
then he can't claim rent. In other words, he can't sue you for rent if he denies you entrance,
but the trip is to prove no damages and I guarantee that's what he will claim. WHy, because in
court he must claim he's been damaged (economically). So if you allow your deposit to be
used for the last month's rent, then he's paid up completely for all the months, so where's
his damages? That's why I suspect he will invent some physical damages.

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Comments:
: : We lived in a private house, our lease will end at 11/30/97. Three month ago,
: : we noticed the landlard we would leaving when the lease expired, they agreed,
: : On Nov 1, we noticed the landlord we will move out in the mid of Nov, would 
: : like to apply our security deposite as our last month rent, the landlord 
: : did not agree, On Nov 10, he went to small court to sue us for not paying Nov's rent.

: : The reason we want to apply our security deposite as our last month rent are:

: : 1. In the lease we signed, there is no clause indicating we cannot using security deposite 
: : as last month rent.
: : 2. According to the lease, the landlord should put our security deposite in trust,
: : "in trust", as we understand, means to put the money in separate account, and the landlord 
: : failed to do so. Because we lived in a private house, we don't know if the landlord should
: : set up a separate account for security deposite as required by law.
: : 3. Afraid of landlord retaliation.  Since Sept, they have kept shown the apartment to potential 
: : tenant, sometimes, it was inconvenient for us, they were angry when we asked them
: : to schedule another time.
: : 4.Since they have shown the apartment many times, they knew there is no demage to the apartment.

: : We already moved out and clean the apartment, we will have to face the landlord in the court, 
: : the landlord has a history of suing the tenants, we have no court experience,  Please help us 
: : to know what rights we have, how should we prepare for thr court.

: Be careful. Go back to the place and take photos and get a witness that there is no damages.
: If the owner denies you entrance (did he take the keys -- then he accepted your moving out).
: then he can't claim rent. In other words, he can't sue you for rent if he denies you entrance,
: but the trip is to prove no damages and I guarantee that's what he will claim. WHy, because in
: court he must claim he's been damaged (economically). So if you allow your deposit to be
: used for the last month's rent, then he's paid up completely for all the months, so where's
: his damages? That's why I suspect he will invent some physical damages.


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