Pre-Emptive Strike

[jaf60]

Hi,

My family and I are finally moving out of our apartment in Riverdale in mid-july, a good two weeks before the lease is up (good timing). Although our landlord has been fine to us personally, his history with other tenants tells quite a different story. The advice from many other tenants who have come and gone have said that he will lie that you have not paid your rent, and you can kiss your deposit goodbye. We hoped to do a pre-emptive strike and simply not pay the last month's rent. Technically, it is a security deposit, but if we pay the last month's rent, I doubt we'll see that cash again. We plan to leave the apartment in better condition than we found it, and have all records of all rent checks and will take pictures of each and every corner. Our question is whether (a) what we are doing is legal (b) how can I found out what my rights are, and (c) what to do if he takes me to court.

Thanks
Joe

[MikeW]

This is almost standard operating procedure. LLs will almost always come up with some cockamaimie <sp?> excuse for not giving you your deposit back. Never pay the last months rent.

If you leave the apartment with serious and provable damage, the LL MIGHT sue you. But if you can document that you left it in good shape, they're nothing he can really do.