Wheres my rent check!?! Updated Daily!

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Gibson486

Lifer
Aug 9, 2000
18,378
1
0
I don't understand your statement. LLs don't get to keep a security deposit. The deposit is in place for damages caused to the home by the tenants. Its not a bonus check or in this case the lease didn't work out so its ok to keep.

In most rental cases the LL/tenant are able to work it out so that the deposit is used for the last month's rent pending inspection of the premises. If he wanted us out today then we would be owed the security deposit plus April's rent. I'm guessing he would be more inclined to waiting until the end of the month so that he wouldn't have to pay that back.

As for the realtor fee, I don't see why I shouldn't be refunded at least some portion of that fee. If we don't move into a property such as an apartment managed by a company there is going to be another realtor fee that we are going to have to pay. Same would go for moving expenses. We do not have money to pay to move out 9 months after moving in. I also don't have enough vacation time from work to schedule a move at the LL's request.

Like I said earlier, he doesn't get the option to call the shots.

wow....you are asking for too much.

First...you are not supposed to use your deposit for last months rent. NY is one of those states that you are not supposed to do it too. If they let you do it, then you are admitting that you are paying the landlord for damages, which is what the deposit is for.

Really? The realtor fee? You have got to be kidding.
 

Lifted

Diamond Member
Nov 30, 2004
5,748
2
0
I don't understand your statement. LLs don't get to keep a security deposit. The deposit is in place for damages caused to the home by the tenants. Its not a bonus check or in this case the lease didn't work out so its ok to keep.

In most rental cases the LL/tenant are able to work it out so that the deposit is used for the last month's rent pending inspection of the premises. If he wanted us out today then we would be owed the security deposit plus April's rent. I'm guessing he would be more inclined to waiting until the end of the month so that he wouldn't have to pay that back.

As for the realtor fee, I don't see why I shouldn't be refunded at least some portion of that fee. If we don't move into a property such as an apartment managed by a company there is going to be another realtor fee that we are going to have to pay. Same would go for moving expenses. We do not have money to pay to move out 9 months after moving in. I also don't have enough vacation time from work to schedule a move at the LL's request.

Like I said earlier, he doesn't get the option to call the shots.

Just a warning: the LL can come up with any number of "damages" caused by you in order to keep your security deposit. Happens all the time. Seeing as you're not on great terms with him, not paying the final months rent is the only way you'll ever see that security deposit again. Unless you really did damage something, he has nothing to take you to court over at that point, and any housing judge would tell him to beat it and stop wasting the courts time. Just make sure to document the hell out of the house when you leave by taking photos of everything.

And yeah, sounds like the LL is broke. As much as he may be displeased having you as a tenant, there is no way he would fork over realtor fees and moving expenses to get you out a little sooner.
 
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alkemyst

No Lifer
Feb 13, 2001
83,769
19
81
wow....you are asking for too much.

First...you are not supposed to use your deposit for last months rent. NY is one of those states that you are not supposed to do it too. If they let you do it, then you are admitting that you are paying the landlord for damages, which is what the deposit is for.

Really? The realtor fee? You have got to be kidding.

The OP has admitted he is putting his kids in danger...I think he is either definitely kidding here or totally clueless.
 

Dr. Zaus

Lifer
Oct 16, 2008
11,764
347
126
LLs don't get to keep a security deposit.
false. as a LL he can hire his cousin's company at $200 an hour, for as many hours as it takes, to 'clean' your house an say you left it dirty.

SD's are scams.
 

MagnusTheBrewer

IN MEMORIAM
Jun 19, 2004
24,122
1,594
126
The OP should get down on his knees and thank Jesus he doesn't live in Arizona. Tenants here have almost no rights.
 

Gibson486

Lifer
Aug 9, 2000
18,378
1
0
false. as a LL he can hire his cousin's company at $200 an hour, for as many hours as it takes, to 'clean' your house an say you left it dirty.

SD's are scams.

Not really. You have to prove it is a reasonable rate. You cannot just pull a number out or make up some fake receipts. The only way you can pull numbers out of your ass is if you sign a lease with predetermined damage amounts.
 

alkemyst

No Lifer
Feb 13, 2001
83,769
19
81
false. as a LL he can hire his cousin's company at $200 an hour, for as many hours as it takes, to 'clean' your house an say you left it dirty.

SD's are scams.

Simply taking pictures on move in and getting them signed by the landlord makes this a simple process.
 

her209

No Lifer
Oct 11, 2000
56,336
11
0
I guess he didn't see the attorney's business card in the certified letter I had sent him or he doesn't want to get the attorneys involved. I still haven't been able to get ahold of my attorney either to talk about the issues at hand.

Now, the obvious answer to the question is sure, we would move out today if he wanted to pay back the security deposit, april rent, oil in the tank, moving expenses and realtor fee. We are talking in the range of $11,000. I could offer him to live "rent free" for the next 4 months if he didn't want to pay out that large amount of money. However, I don't know if we want to be in the home that long.

We may find the house we are looking to buy tomorrow so that would mean I want most of that cash upfront because the most we would possibly need is 2 months. Anyways, I don't want to give him options nor do I want to give him any of my family plans.

Even though we are extremely unhappy with how this renting situation has played out from the beginning to now doesn't mean we are going to be forced out. He created these situations so we should be the ones calling the shots, not him.
Whatever you do, get it in writing with his signature and a check drawn from the Chase account.

:awe:
 

EagleKeeper

Discussion Club Moderator<br>Elite Member
Staff member
Oct 30, 2000
42,589
5
0
I don't understand your statement. LLs don't get to keep a security deposit. The deposit is in place for damages caused to the home by the tenants. Its not a bonus check or in this case the lease didn't work out so its ok to keep.

In most rental cases the LL/tenant are able to work it out so that the deposit is used for the last month's rent pending inspection of the premises. If he wanted us out today then we would be owed the security deposit plus April's rent. I'm guessing he would be more inclined to waiting until the end of the month so that he wouldn't have to pay that back.

As for the realtor fee, I don't see why I shouldn't be refunded at least some portion of that fee. If we don't move into a property such as an apartment managed by a company there is going to be another realtor fee that we are going to have to pay. Same would go for moving expenses. We do not have money to pay to move out 9 months after moving in. I also don't have enough vacation time from work to schedule a move at the LL's request.

Like I said earlier, he doesn't get the option to call the shots.

w/ respect to the security deposit;
You should do a walk through with the LL after you have all your stuff out.
Then get an itemized list of issues.
If you agree with an issue; then either you repair it or agree for the LL to repair it.
If you disagree; then handle it as you desire.
Either way; have the list signed and you address the issues that you agreed on. As to costs; what is considered reasonable and proper; recommend that at least 3 bids be documented.

If the LL wants to use the security check against the last months rent; then get it in writing. Determine what month it will go against; you will need to be out at the end of that month.

Realtor fee is a lost cause; not prorated. It was an upfront fee for finding you a place.

Moving expenses is the same issue. You paid to move in. You pay them to move out. If do not know if you used a commercial moving service or hired a couple of guys for 3-4 hours work and a UHaul. (I know that this works great - moved from a 2 bd apt into our house doing such - they did the heavy lifting). Smart thing is to move in/out in the same trip - not storing the goods.
 

Tobolo

Diamond Member
Aug 17, 2005
3,697
0
0
I've been with your the whole time, but I think wanting realtor fees is too much. If you can get the rent back as well as the security deposit then should call it a day. There is no need to get petty.
 

Ns1

No Lifer
Jun 17, 2001
55,417
1,593
126
I've been with your the whole time, but I think wanting realtor fees is too much. If you can get the rent back as well as the security deposit then should call it a day. There is no need to get petty.

+1

we would move out today if he wanted to pay back the security deposit, april rent, oil in the tank, moving expenses and realtor fee.

stay til end of april, get sec deposit + oil back and call it a day.
 

Itchrelief

Golden Member
Dec 20, 2005
1,398
0
71
I've been with your the whole time, but I think wanting realtor fees is too much. If you can get the rent back as well as the security deposit then should call it a day. There is no need to get petty.

He screwed you, but don't push it too far or you'll end up walking the line of trying to screw him back. Don't let your anger get you to think that he owes you the world.
 

SunnyD

Belgian Waffler
Jan 2, 2001
32,674
145
106
www.neftastic.com
I don't understand your statement. LLs don't get to keep a security deposit. The deposit is in place for damages caused to the home by the tenants. Its not a bonus check or in this case the lease didn't work out so its ok to keep.

In most rental cases the LL/tenant are able to work it out so that the deposit is used for the last month's rent pending inspection of the premises. If he wanted us out today then we would be owed the security deposit plus April's rent. I'm guessing he would be more inclined to waiting until the end of the month so that he wouldn't have to pay that back.

As for the realtor fee, I don't see why I shouldn't be refunded at least some portion of that fee. If we don't move into a property such as an apartment managed by a company there is going to be another realtor fee that we are going to have to pay. Same would go for moving expenses. We do not have money to pay to move out 9 months after moving in. I also don't have enough vacation time from work to schedule a move at the LL's request.

Like I said earlier, he doesn't get the option to call the shots.

Problem is neither do you.

Realtor fee: HAHAHA you're joking right? YOU looking for a place to live is a sunk cost of your own doing.

Moving expenses: YOU moving is of your own volition (unless evicted, though you are responsible for your own expenses at that point as well).

Security deposit: Unfortunately is essentially IS a bonus for landlords. Unless you conduct a walkthrough with the landlord, have a signed checklist, and have the walkthrough completely on video, odds are you can kiss your security deposit goodbye. What are common intangible "damages" that eat up security deposits fast? Things like painting ("There were many marks on the wall which required a full repaint") or carpets ("The carpets were excessively warn and stained") or floors ("The floors were scratches and scuffed and needed refinishing"). There's the big three right there - and any ONE of those could easily be made to gobble up an entire security deposit.

Simply put, if you want to move you talk to the landlord and see if he will accept termination of the lease early. This would be done as a FAVOR to you, so don't expect any recompense in exchange. If you want to stay, then you abide by the lease and agree to deal with the landlord.

Your thread started out legit, and snowballed into stupidity. It's actually rather amusing, borderline trolling at this point. :thumbsup:

I think your demands are delusional at best. So now you have gone from *wink wink* guys "I really don't want to move"...to trying to fast track it.

Oddly probably the first and only time I'm going to agree with alky here. I think the Mayans were right about 2012 after all.
 
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slayer202

Lifer
Nov 27, 2005
13,679
119
106
OP is not right in the head, and it shouldn't have taken you guys this long to realize it.
 

Krazy4Real

Lifer
Oct 3, 2003
12,221
55
91
You are on crack if you think you are going to get realtor fee and moving costs back from the landlord.
 

Wreckem

Diamond Member
Sep 23, 2006
9,461
996
126
Happens all the time.

"we have chosen not to renew your lease"

All he has to do is give proper notice, and since the person's lease isnt up until June 30 there is plenty of time to give notice.
 

TangoJuliet

Diamond Member
Jul 2, 2006
5,595
1
76
This thread is being sidetracked a little bit so I want to get it back on course. Lets be clear with a couple of things.

I have not made any demands with the LL. I was simply stating that my family has a lot of money invested into the property. Whether we stay or move really is not the point of the thread. I posted the other issues we were having with the LL to show the underlying problems.

The point of this thread remains:

LL had the March check in his possession when he lied to me about not getting it. That set off a chain reaction of consequences we are now in. I have been advised by numerous people that I am not in the wrong in how I dealt with the situation and I am clear. I have tried to work with the LL through the issues but he choose to decline my proposals.

What we have now is a detective investigating on the LL's behalf to find out who deposited the monies. After the investigation completes the LL will have the option of prosecuting the person who falsly deposited the check. This situation is clearly now on the shoulders of the LL and I am not required to do anything further.

How my family chooses to go from here is NOT the basis of this thread and all comments regarding that should be refrained upon. If you want to troll me or this thread any further I will report you.

I have updated this thread on a daily basis and as the information has been presented. Thanks
 
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