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Additional Details
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Additional Details
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throwingstonesatu | What's there to stop me withholding my last months rent to make sure I get my deposit back? |
Given that I am having to take my previous landlord to court in order to get back my illegally withheld deposit, I was wondering what is there to stop me in future withholding the last months rent (or potentially part of the penultimate month's rent if the deposit is higher than the rent), and letting the landlord keep the deposit so that I am not out of pocket?
Additional Details
Thanks for the responses, just to clarify I live in England so I am only interested in responses with regard to the law here (although looks like it's against the law everywhere, o well) |
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Deliah
 |
A court date and a judgment against you for starters. |
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The Naughty Librarian
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Because then the landlord can take you to court to get back the illegally withheld rent. |
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Soldier
|
Not much except the law. Your landlord will sue you for that final month and you will lose because you agreed to the deposit when you signed the lease. |
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Shredded Cottage Cheese
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because a deposit is not rent. What's to keep you from not paying the rent and then trashing the place and having damages? Where's the owner supposed to get the money to fix it (not saying you would, but some folks would)
Oh, and yeah, it's against the law to do it. |
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Intruder5
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The law.
Deposits are seperate from rents, they must be held in an account that ensures the landlord does not mix his own money with the deposits, etc. The law views deposits as the tenant's money unless the landlord has a legitimate claim against it for damages or past due money.
I just evicted a tenant who is two months behind on the rent. She also damaged the property. I can hold her deposit to repair the damage, but have to take her to small claims court to get the rent I am due. I can hold the excess deposit until court but must be prepared to turn it over.
The best way to ensure you get your deposit back is to take good care of the property you are renting. If there is no damage beyond normal wear and tear then you should get the whole thing back in a manner and time frame governed by local law. If you hold back the rent you will find yourself in court, evicted before the end of the lease, or both.
Luck! |
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goz1111
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all states will have statute that clearly says security deposit can be be used as last months rent
therefore the landlord can file for non-payment of rent, get a court date all before you move out, if you do not show on the complaint it will become part of your record, then have fun finding a rental with a eviction on your background |
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Janet P
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The law, what you are suggesting is illegal.
The deposit and the rent are not associated.
You will be out not only the deposit but the legal costs as well. It will also make a lovely addition to your credit report. |
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odysseus1959
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Buy not rent comes to mind. |
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smedrik
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Outside of the law, nothing.
You signed a contract, you need to pay for the time you live there for the term of the contract. Legally. You cannot withhold rent for any reason. Namely the fear you will not get a deposit back which the landlord, dependent upon the condition of the unit may be entitled to. |
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reenzz
 |
In most, if not all states, it's illegal to use your security deposit for last months rent unless it's agreed upon by the landlord. Security deposit are meant to be used only for damages. Insisting on using your deposit could land you in court for unpaid rent and damages. This will show up on your credit report and make in very difficult to rent elsewhere. |
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allen555
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You could try that. It is a common trick for landlords to steal your deposit. Swines that they are. |
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Duke75
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You could do that and it would have the added bonus that you won't need to pay rent for a couple of years.
Apparently you also get the use of a playstation and en suite toilet facilities* |
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Badwolf
 |
Try going through an estate agents that have a scheme where the deposit is held by an independent company who can intervene if there are any problems.
We did this through William H Brown |
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