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Veloise

Need a referral to a real estate attorney

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Please PM me with particulars. (I've given notice, and getting pushback from the "real estate investor" on Belknap.)

Thanks.

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Please PM me with particulars. (I've given notice, and getting pushback from the "real estate investor" on Belknap.)

Thanks.

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Gave notice (polite written letter) and requested that himself "kindly use my security deposit of $xxx for my last month's rent." (I always do this, have never before had a problem arise.) It would appear that he's spent the $xxx and really needs the dough.

Oh, and there's no move-in condition checklist with which to assess damages. There are several deficient smoke detectors, absence of required entry & parking area lighting, full gutter dripping onto front entry steps, damaged gutter at the rear steps, etc. etc. etc.

Other than that, it's a nice place to live!

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Gave notice (polite written letter) and requested that himself "kindly use my security deposit of $xxx for my last month's rent." (I always do this, have never before had a problem arise.) It would appear that he's spent the $xxx and really needs the dough.

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Veloise,

To play Devil's Advocate, "Technically," your security deposit cannot be used to pay your last month's rent (in most leases...I'd check). I'm no RE attorney, but I am a novice landlord with some bad experiences (and good ones too). It may also be your responsibility to maintain smoke detectors. Again, check the lease. If there was no inventory checklist, they should have no right to withhold any of your security deposit. However, a former landlord of mine charged me $50 for sanitizing the wood floors because he said it "smelled like my cats"...that's debatable, and there was no checklist. I could have fought it, but I just wanted out.

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Veloise,

To play Devil's Advocate, "Technically," your security deposit cannot be used to pay your last month's rent (in most leases...I'd check). I'm no RE attorney, but I am a novice landlord with some bad experiences (and good ones too). It may also be your responsibility to maintain smoke detectors. Again, check the lease. If there was no inventory checklist, they should have no right to withhold any of your security deposit. However, a former landlord of mine charged me $50 for sanitizing the wood floors because he said it "smelled like my cats"...that's debatable, and there was no checklist. I could have fought it, but I just wanted out.

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City requires a functional smoke in each BR and at least one in the living area. The inspector (she called me to ask to inspect!) found that the BR ones do not work, cited him for that. And many other issues, none of which were ever addressed. She has this fellow on speed dial, macro, and auto fill-in.

Oh, and he never got the lease executed.

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Correct me if I am wrong, but if the landlord doesn't keep up the place and has things they need to fix, the tenant doesn't have to pay rent until the landlord holds up their end of the agreement.

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Yeah, I've also heard the same thing about the security deposit and the last month's rent, but in this case it sounds like you might not get your deposit back otherwise! But the guy sounds like a real piece of work anyway and if he does fight back over this I'm sure you have plenty of ammo that might make him think twice.

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Sounds good but in real life, enforcement is slow, and the rent does have to be paid, into an escrow account.... Sounds like Veloise doesn't have a lease, if by (un)"executed" she means (un)signed. Absent a written rental agreement, her tenancy is on a month to month basis, and either party can terminate with 30 days notice. Sounds like she wants out.......

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We have in the past abated some of a tenants rent if something goes wrong in their place, if it is not common practice it should be. That said, if she goes in front of a judge I don't think this landlord could get her for the remainder of a lease, especially since there is no lease.

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He looks likes Nicolas Cage? Never mind, don't answer that. Sounds like what's his face....

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I should ammend my previous statement about abating rent, we will fix problems as fast as humanly possible and abate rent if 1)it was not the tenants fault 2) if the problem put the tenant in a bad spot. As far as little things, they get fixed but no decreased rent for minor things.

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Veloise:

You may want to take this bozo to Small Claims Court. I did that with a tenant once, waaaaaay back in the '70s when she moved out and:

1) took all the lightbulbs

2) left 20 smelly bags of trash inside the apartment

3) turned off the gas from the main line (illegal)

4) left a huge mess on the kitchen ceiling (apparently some boiled "hot dogs" boiled so long that the water evaporated and you can guess the rest)

5) changed the locks

What a nightmare!

Anyway, I prevailed at Small Claims Court.

But I think you would prevail as well. Has he sent you an itemized notice of why he's keeping your deposit? He has a certain number of days in which to do so, after which time you can sue him for double the security deposit. (Assuming the landlord/tenant laws haven't changed since the early '90s).

Yeah, getting the deposit back can be a real hassle. Document everything in writing (which I am sure you are doing). The code violations alone should be in your favor.

This is not legal advice. Just some tidbits from my experience as a landlord.

V.

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... Has he sent you an itemized notice of why he's keeping your deposit? He has a certain number of days in which to do so, after which time you can sue him for double the security deposit. (Assuming the landlord/tenant laws haven't changed since the early '90s).

Yeah, getting the deposit back can be a real hassle. Document everything in writing (which I am sure you are doing). The code violations alone should be in your favor. ....

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My big question is: am I legally required to give this fool one more red cent?

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When does your lease terminate?

Yes, you have to pay through the end of your lease. The security deposit is in case you leave the place with damage. If you use the deposit as your last month's rent, he's stuck with nothing to cover his repair costs. I know the place sounds like it has some problems, but you're still legally required to pay your rent.

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someone help me out, what does it mean to have a lease 'executed?'

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THERE

IS

NO

LEASE.

He neglected to have it completely executed.

And there is no damage checklist.

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I would say just move out and never look back, the court can't enforce a lease if it doesn't exist. (Not legal advice, just what I would do)

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This is not legal advice, just "been there, done that."

You aren't supposed to tell him he can keep your deposit as your last month's rent. If you are unhappy with the place, you are supposed to put your rent money in escrow and inform him that that is what you've done and give him a list of repairs you'd like him to make. You continue to put your rent in escrow until the repairs are completed.

He is supposed to have your deposit in escrow. (You are probably right, he probably spent it.)

Not sure what you mean by "not fully executed." Did you sign it or did he sign it? I'm not sure how much leverage you have here. A judge might say that if you signed it, you are bound by it. Is there a lease term, or is it month-to-month?

If this ends up in court, any judgment against you goes on your credit record (and vice versa, in case that's tempting to your sense of revenge :whistling:).

I think GR Jackson's advice of "leave and never look back" may be the best. If he comes after you, you can show him for what he is. But knowing you know what you do, it is unlikely he will come after you.

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If this ends up in court, any judgment against you goes on your credit record (and vice versa, in case that's tempting to your sense of revenge :whistling:).

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A little :offtopic: but is this bit about a court judgement going on your credit record true for any court judgement involving a monetary judgement? I've never heard that. If true - almost EVERYTHING affects your credit.

*fish

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