Posted by epf on July 04, 1998 at 12:48:50:
In Reply to: Re: security deposit used for rent posted by BWJ on June 30, 1998 at 15:47:18:
: : : When I moved in I gave my landlord 1st and last months rent, with a deposit
: : : which amounts to almost 2 months rent. I have 3 months left on the lease
: : : and am going to move out at the end of the lease. I have informed the
: : : landlord that I refuse to pay him anymore as he already has what amounts
: : : to the last 3 months of rent. He claims that I must keep up with the rent
: : : and I am not entitled to apply any of the security deposit towards rent.
: : : I recently talked to a former renter who said he lost all of the deposit
: : : for no good reason. The question then is: Can the landlord legally make me
: : : continue to pay rent or can I insist on using the security deposit towards
: : : rent
: : I don't know what locality you are in, but he can probably try to evict you.
: : Now, depending where you are an eviction may not be a quick thing. In NYC it
: : would take at least 90 days, if you make a couple of court appearances to fight
: : it. Find out how long it takes where you live. If you can stretch it longer than
: : you plan to stay, you should be okay.
: He is so right, you can make the 90 days and get out intact, plus if the landlord tries to retaliate by locking out or harrassing, you can really put his butt in a sling because those are illegal actions. Dont take no guff.
Must be friends of landlords telling you in the last two posting. You only get your deposit back when you move out, if you can work something out with the landlord that is fine. However it will not take 90 days in theory it can take two weeks to be evicted. AANY JUDGE will tell you what I just told you and if the case is more than 30 days old the LL can ask to have the rent deposited into court
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