Posted by Barry on March 25, 1999 at 10:52:29:
In Reply to: Re: Never pay last month's rent --Immediate eviction? posted by John E. Marre on March 25, 1999 at 00:36:09:
: There have been other cases in Housing Court where landlords have jumped on tenants for rents not paid by even the 15th of the month. Most often, a judge will seriously question the sanity of a landlord who fails to wait the customary 2-3 months before litigating.
: Also, unless you have some "special" lease, the standard lease includes verbage referring to normal aging, use, wear-and-tear, on a palce. That would include a few scratches in the floor and cracks in the wall. As for nail holes, yes, a landlord can be that petty. I had one retain a third of my security because of "necessary repairs to the walls" (I'd hung 5 pix, each were 9x11 inches)
Okay, then, first, reading between the lines, you are telling me that a LL CAN get a tenant into court rather fast.
Second, I have no "special" lease. I have no lease. I have a month-to-month tenancy. The LL believes it is her right to give me 30 days' notice and that's all. I had a lease for 15 years. Last year the LL revoked her lease renewal offer.
As for nails and such, I agree that is petty. Perhaps she won't be that petty. I don't know for sure. I DO know she says she wants to renovate the building. That'll cost money. She may have some incentive to try and keep some of my security. I would hope she's better than that. I guess the question is whether or not I'm willing to take that chance.
One of my questions has been: Let's say the LL takes me to Housing Court right away for non-payment. (I usually pay on the 1st of the month; she'll know I have no intention of paying that rent). Will a judge (a) evict me for non-payment - and how quickly (b) order me to pay the rent (c) not give me an extension past the vacate date (Apr.30) since I did not pay the rent? And, now that I've raised the stakes of the "game" and p.o.'d the LL, now have to be concerned that she winds up with all of the money, rent & security, and has also gotten rid of me early as an added bonus?
: If you believe you won't get your security back, just consider it the last month's rent and calmly move at month's end.
: Retaliation is a nasty "game", but, if your landlord refuses to allow you to leave in peace, you could always "accidentally" drop something somwhere where it would make "accidental" but costly damage. (Oops). Or, you coudl have the revenue-ers investigate whether s/he has declared ALL of the rents received over the past years. Maybe even a building inspection.
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