My D and her roommates are renting from a guy who has a history of not returning deposits. Their plan is to not pay last month’s rent so that they are not stuck holding the bag. The guy is a slumlord who has terrible write ups about himself in their local newspaper. We had a few rental houses 20 years ago or so and from what I remember you can’t withhold rent for the security deposit. I also remember we sold them in Michigan because the laws favored the renters too much.
She doesn’t care BUT all of the parents are signers on the lease so what do you all think? Oh, almost forgot to mention the deposit is close to $3,000.
Did they take pictures when they entered? They should take pics when they leave. She could consider small claims court. I would not advise my kid to skip out on last month’s rent. You are risking your credit.
Also in all likelihood there will be inter-roommate/parent fall out…disagreements etc.
Probably best to become familiar with the landlord-tenant laws in the local area as a starting point, so that you can know exactly what legal action you can take if he acts illegally.
I also would not risk not paying last month’s rent and would do as TempeMom suggests. Photos at beginning (move in) and end (move out) are KEY, as well as a letter on an attorney’s letterhead sternly asking for the deposit to be returned can help speed the process if there is balking. Hopefully, that would help everyone avoid court.
I doubt they took photos since the place is a pit and they can only make it better since he’s not fixing anything. A kitchen shelf came crashing down the other day, and he has not, and probably will not move the queen mattress that is propped against the house. A don’t think small claims would do a thing as he has many judgments against him, and from what I see it doesn’t affect him in the least. I think this is a matter of him being a thief and not even acknowledging that there is any damage to the property because it really would be hard to tell. After not returning kids phone calls and letters they probably give up on the deposit and he is the richer for it. He also has a huge judgment against him for stealing electricity from the electric company-over half a million dollars.
So if they aren’t going to bother with small claims the recommendation is to pay last month’s rent and most likely kiss the money goodbye? I know it can be very hard to outsmart crooks.
Why in the world are they renting this crappy apartment from this sleezeball?
ETA: Given that the apartment is already a pit, I think it’s even more critical that they take photos. Otherwise he might allege the place was in great shape before they moved in.
I would take pics before and after. My leases specifically prohibit not paying the last month’s rent, and I believe that is also law in my state. States also codify in how many days the deposit (or a letter stating what was withheld and why) must be returned. It’s 45 days here. The security deposit is held to make repairs to the same condition–otherwise, it’s the landlord who is left “holding the bag.”
Playing devil’s advocate, if the landlord is renting to a student population, I’m going to guess many/most of the rentals are not returned in the same condition as when they are leased. Is the landlord just supposed to eat the repair/cleaning costs?
I am also a big advocate on teaching my kids about credit and these type of situations can be penny wise/pound foolish in the long run. I give many good references to previous tenants, and would never do so if someone stiffed me the last month’s rent.
“Why in the world are they renting this crappy apartment from this sleezeball?”
They all decided in April of this year that instead of each of them subletting from people they didn’t know that they would prefer to all find something together. Most decent places that can accommodate 5 people are long gone in their college town by December so they had very little to choose from and still be walking distance to campus.
They also opted to forgo having cleaners and clean it themselves so they could move in as soon as their other leases were up. Otherwise they were going to have to store their belongings for two weeks and a couple of them were going to have to couch surf.
Leasing co sent them an email that they were no longer managing the property a couple of weeks ago. They don’t even know where to send October rent but I’m sure he’ll be by to collect his cash:) After the leasing co got fed up and quit managing the property they googled the landlords name…yikes and D said he is creepy.
She’s not at all concerned about references and I don’t think she’s ever had to have them to rent the places she’s rented the last few years. Landlords just want parents signing leases and the kids are good to go. Wonder at what age that ends?
I care about my credit as do the other parents, and truth be told the kids probably have no money of their own in deposits. So paying an extra $50 a month isn’t going to make or break any of us.
“They don’t even know where to send October rent but I’m sure he’ll be by to collect his cash:)”
If the guy is as sleazy as he sounds, tell the kids: do not pay him in cash! They need a proof in case he turns against them and says they never paid.
My D is definitely paying by check.
My S rented this house lol! Half of the renters stopped paying rent half way through the year, but I made my S pay his share of the rent as he signed the lease so I felt he was obligated to.
He did not get his security deposit back. My D in the apartment she rented did not get her security deposit back either. In fact the rental company charged them for damage they had done. We were aware that the rental company did not give back security deposits and we decided that was part of the rent and assumed that it wasn’t coming back.
Personally I find that these girls are learning a very important life lesson and in the future will do their due diligence in finding something to rent.
If your D has another apartment lined up for when she leaves and has signed the new lease, I would risk not paying the last month’s rent. They should leave the place clean and in good shape and take many photos. He can use the deposit for the last month’s rent. They can even send him a letter when they leave, “considering the many legal actions against you…”
I get the first and last month’s rent before they move in along with the deposit. I take pictures of everything ahead of time. I also give them a finite time to tell me what they find that may be something I missed when the previous tenants moved out.
If I were the tenant, I’d take pictures of everything.
I’d be prepared to not get it back, but I’d also be prepared to take pictures, make sure everything is actually in good condition, and make the landlord document why they are not returning it. And college student wear and tear is not a reason. If the apartment happens to need a fresh coat of paint on the walls, but the renters did not actually do anything to damage the paint, it’s just been ten years - that’s not what the deposit is for.
I did that not too long ago. I would suggest that they send a letter explaining that it is their understanding that he has been unlawfully withholding rent deposits and for that reason they are not paying their last month’s rent. He should be told that he is welcome to identify any damage done to the apartment and that they will pay him immediately, provided such damage is not ordinary wear and tear.
Do take photos once the place is vacated to prove that it is clean. Likewise, I’ve taken photos at the time I’ve moved in to a place to show that it was filthy.
If you end up filing a small claims matter, it may be worthwhile to include cause numbers for other similar cases resulting in a judgment against him–most especially if it involves the same location-- and any news articles about the same. These additions might not fly in non-small claims cases but in small claims they tend not to abide by the rules of evidence etc so strictly. And, for example, in this state you don’t need a lawyer and the forms are online and easy to complete.
I don’t think he pays any judgments against him so just a waste of time and effort. He’s in his 70’s so he will probably die owing lots of lawsuits. These kids already can’t stand him-slightly irritating when he never answers you back.
Your daughter may not care about credit ratings. The question is do you (the OP) care about your credit scores? You are on the lease, it will reflect on your record.
In the future, yes, take pictures. BUT, put them in a sealed envelope and certify mail them to yourself. Keep the envelope seal in tact. Then before the move out walk thru open the envelope in the presence of the representative. This way you will not only have pictures, but proof that they were taken on a certain date.
Sometimes it helps if one of the parents can be present during the move out walk thru. It was well known that the owner of the first place I lived in out of college didn’t return deposits. I had my dad be there during the check out. We got our $$ back in no time.
Does the management company have the deposits?
I wouldn’t just let the money go. Can’t you sell the debt to a very predatory collection agency or aggressive lawyers who will seize his property if he doesn’t behave?