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Posted by Renee on May 03, 2001 at 04:50:56:

In Reply to: deposit toward last month rent posted by brenda sellers on May 03, 2001 at 01:24:11:

You don't say where you are from. The problem with rent and the problem with the septic / ac are two different issues. The problems with the mechanicals, if not being properly taken care of in a timely manner.... write the Landlord a letter stating that he has 7 days to complete repairs. If the repairs are not taken care of within that time, call the local housing inspectors. Rent - pay it, you may have a court date really soon if you don't. If you want to withold rent, you can do so in some states under the guidelines of the state laws. Usually a third party facilitator is required to hold the rent in an escrow account until the repairs are completed. You cannot just stop paying rent. The security deposit is never to be used for last month rent in most states. It is there as security against damages to the property. As a landlord, I never allow this happen. I send a 7 day notice on the 2nd and file in court by the 10th. This happened to us last month. Our court date was the 23rd. They had to pay the rent PLUS court costs of $100 and $45 late fee. They paid up before we went to court, thereby protecting their credit. Had we gotten a money judgment, it would have appeared on their credit report. What we have found is that usually when a tenant tries not to pay last month rent it is because they have monumental damages and know that they will not get anything back from security anyways. The tenants that leave the place in wonderful condition, always pay last month rent without a problem. They also usually have their deposits back within a week of moving.

I think that if it came to a court date at this point - with your lease over in 28 days, judge would see that though you had some ac / septic problems, you didn't pursue a remedy for them until it was time for you to move out and used this as a ploy not to pay rent. If you've needed ac for two months already, I assume that you are in a warmer climate and some states require ac. You could have called local housing authorities. Septic is also a concern and the housing inspector could have helped you with that.

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Comments:
: You don't say where you are from.  The problem with rent and the problem with the septic / ac are two different issues.  The problems with the mechanicals, if not being properly taken care of in a timely manner.... write the Landlord a letter stating that he has 7 days to complete repairs.  If the repairs are not taken care of within that time, call the local housing inspectors.  Rent - pay it, you may have a court date really soon if you don't. If you want to withold rent, you can do so in some states under the guidelines of the state laws.  Usually a third party facilitator is required to hold the rent in an escrow account until the repairs are completed.  You cannot just stop paying rent.  The security deposit is never to be used for last month rent in most states.  It is there as security against damages to the property.  As a landlord, I never allow this happen.  I send a 7 day notice on the 2nd  and file in court by the 10th.  This happened to us last month.  Our court date was the 23rd.  They had to pay the rent PLUS court costs of $100 and $45 late fee.  They paid up before we went to court, thereby protecting their credit.  Had we gotten a money judgment, it would have appeared on their credit report.  What we have found is that usually when a tenant tries not to pay last month rent it is because they have monumental damages and know that they will not get anything back from security anyways.  The tenants that leave the place in wonderful condition, always pay last month rent without a problem.  They also usually have their deposits back within a week of moving.

: I think that if it came to a court date at this point - with your lease over in 28 days, judge would see that though you had some ac / septic problems, you didn't pursue a remedy for them until it was time for you to move out and used this as a ploy not to pay rent.  If you've needed ac for two months already, I assume that you are in a warmer climate and some states require ac.  You could have called local housing authorities.  Septic is also a concern and the housing inspector could have helped you with that.  


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