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Re: security deposit used for rent

Posted by TenantNet on July 04, 1998 at 12:46:29:

In Reply to: Re: security deposit used for rent posted by BWJ on June 30, 1998 at 15:47:18:

: : : When I moved in I gave my landlord 1st and last months rent, with a deposit
: : : which amounts to almost 2 months rent. I have 3 months left on the lease
: : : and am going to move out at the end of the lease. I have informed the
: : : landlord that I refuse to pay him anymore as he already has what amounts
: : : to the last 3 months of rent. He claims that I must keep up with the rent
: : : and I am not entitled to apply any of the security deposit towards rent.
: : : I recently talked to a former renter who said he lost all of the deposit
: : : for no good reason. The question then is: Can the landlord legally make me
: : : continue to pay rent or can I insist on using the security deposit towards
: : : rent

: : I don't know what locality you are in, but he can probably try to evict you.
: : Now, depending where you are an eviction may not be a quick thing. In NYC it
: : would take at least 90 days, if you make a couple of court appearances to fight
: : it. Find out how long it takes where you live. If you can stretch it longer than
: : you plan to stay, you should be okay.

: He is so right, you can make the 90 days and get out intact, plus if the landlord tries to retaliate by locking out or harrassing, you can really put his butt in a sling because those are illegal actions. Dont take no guff.

Generally I agree with the posters, but do your homework. In some places,
the courts work much quicker. In some places they can only charge 1 months
rent as deposit, so the deposit you paid (actually 3 months worth as that
is what the last months rent you paid was) might have been more than allowed.
Personally, I would chance it, but also realize that in some places,
illegal lockouts without a court order are, at most, a civil offense. So
I would also change my locks.

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