ensuring return of rental deposit?

[elhombresinnombre]

[Snip]Witholding rent is NOT acceptable and frankly, if you were a tenant in an apt and didn't pay the rent, the owner is well within his rights to toss you out. What happens if you have damaged the apt? By withholding the rent, you are breaking the contract and additionally, not acting in an ethical manner.

I agree. What we know so far is that there are some crap landlords and some crap tenants too. In an ideal world they would be forced to do business with each other but until that day, honest landlords and honest tenants had just better watch out for themselves. I wonder if an eBay-style intermediary which rates buyers and sellers might be the way forward for more secure property rentals too?

 

[steveinbsas]

Deposit scums are usual here, specially when the contract says that the deposit will be given back after you give the keys back, if your contract says so, it is a scum.

Suddenly I'm gland BC isn't using the spell check feature (enabled with the Opera web browser).

 

[fifs2]

Citigirl...how do you expect to enforce the contract? He can kick you out after a trial only. You are defending yourself against somebody who usually is taking advantage from you. So, if you don´t pay last month the landlord can keep the deposit as well. If when the contract is finished you has to give something to him, you just pay and that`s it.
Deposit scums are usual here, specially when the contract says that the deposit will be given back after you give the keys back, if your contract says so, it is a scum. Deposits never was given back to me. So, I just don´t pay last month and that´s it.

A most a propos freudian slip if ever I saw one...

 

[Bajo_cero2]

Suddenly I'm gland BC isn't using the spell check feature (enabled with the Opera web browser).

I didn´t get it

 

[Bajo_cero2]

Ok, Ok, ok,

1. fraud
2. deception
3. deceit
4. cheat
5. fraudulence
6. embezzlement
7. dishonesty
8. trickery
9. imposture
10. jugglery
11. fraudulency

 

[citygirl]

Well.. if I had apts (and I don't) and a tenant asked me to use the security deposit for the last month's rent, my answer would be absolutely not.

A security deposit (even a full month) doesn't begin to cover the value of the furnishings in an apt. BC, I think you're forgetting, these aren't typically unfurnished apts that are being rented. So the security deposit is in place to protect the owner if the tenant has damaged or broken the owner's possessions.

If a tenant uses the security deposit for the last month and then does damage to the apt, what recourse does the owner have? None. That is the reason for the deposit (which again, isn't nearly enough to cover any substantial damages).

Of course there are unethical owners. There are also a great deal of unethical tenants.

There are many ways to protect yourself - have an inventory of the apt contents, take photos, ask for referrals from previous tenants, check references if you're renting from an agency, etc. All of those are completely ethical and responsible. Saying "Don't pay the last month's rent" isn't, IMO.

 

[Bajo_cero2]

You don´t ask for permission, you just don´t pay last month. If you are honest, you will pay for the invoices and damages if there is any. But you don´t know if landlord is honest. Regards

 

[citygirl]

Bajo - aren't you a lawyer? You're advising people to shirk their financial responsibilities and not honor the terms of a signed contract and not pay their rent - which they agreed to do, in writing, in a legal document. I'm.. I'm quite frankly speechless.

And FYI - if one of those posters took your advice, their landlord would be quite within his or her rights to toss that person out on the street and keep their deposit for breaking the contract.

Seriously - I've seen some doozies on here bu this might be the worst.

 

[Bajo_cero2]

Bajo - aren't you a lawyer? You're advising people to shirk their financial responsibilities and not honor the terms of a signed contract and not pay their rent - which they agreed to do, in writing, in a legal document. I'm.. I'm quite frankly speechless.

I am a lawyer, not a priest. As a lawyer I explained how to protect your rights as a tenant.

If I have to advice a landlord I will use another speech. That´s why people usually call us mercenaries.

nd FYI - if one of those posters took your advice, their landlord would be quite within his or her rights to toss that person out on the street and keep their deposit for breaking the contract.

You are talking about the US, here nobody can toss you out without a legal procedure.

Seriously - I've seen some doozies on here bu this might be the worst.

 

[citygirl]

As in I think your advice is unethical, potentially harmful and plain awful.

And FYI - while the fact that it may be true that it would be very, very difficult to toss a local out on the street who has a signed contract (not impossible mind you but the legal path is a long one), it is very possible to toss a short-term tenant out on the street. And a tourist usually doesn't have the time or money to pursue legal options.

I'm pointing out that any tenant that follows your advice and just refuses to pay the last month is likely to find him/herself out on the street a few weeks early and without a deposit or a place to live. And rightfully so in my opinion.

Shitty advice to tell someone to break a signed contract for no reason other than they *might* have an unethical owner. It's frankly unethical and I find it appalling, especially coming from a lawyer.