What are my legal rights when renting..

LikeAnOcean

Here's the scenario.


I'm renting a place that is in foreclosure. By court order, my rent now goes to the association to pay for about 6k in back association fees my landlord owes the association.

Technically, my landlord still owns the place, but the association has been given control of it. Until otherwise, they can rent it out.

So I gave my 30 notice to my landlord, and he's telling me to not pay my last months rent as the return of my security deposit.

The association demands the money and that my landlord needs to pay the deposit back.
I told my landlord I was forced to pay and his response is for me to put a stop on my check. He's acting like the last month free was part of our agreement.


Basically it looks like I'm going to get screwed on my security deposit. My landlord expects me to refuse payment to the association as the return on my security deposit. He wants me to fight his fight.

The association is going to change the locks later this week. I'm stuck in their battle and am getting screwed. I can't close on my new place soon enough. :?

Pontikas

what are the consequences if you do what he is asking ?

LikeAnOcean

Pontikas wrote:

what are the consequences if you do what he is asking ?

I don't know. I don't know what I can legally get in trouble for.

The written contract was between me and my landlord and there were no specifics about the security deposit.

I would stop payment if I would close already on my new place, but I don't want the association pounding on my door while I'm stuck here. I'm supposed to close any day now and when I do I'm getting the hell out and hopefully never renting again.

Maybe I should take the fridge with me as payment. :evil:

Wilds

Pretty sure you are covered. The landlord needs to return your security deposit unless there is some cause to keep it.

You paid your last months rent, and thus that should not play into it.

It is a fight, but one you should win. Small claims court is easy enough, but I think there might also be some other avenues for you to get your deposit back. In fact the landlord will owe you a whole lot more if he doesn't return your deposit, or if he withholds it, he needs thorough documentation.

AT least this is the case in California.

DS1119

I would say to follow through with what you are contractually obligated to do and then when/if the landlord doesn't follow through wth their end it's court time.

LikeAnOcean

DS1119 wrote:

I would say to follow through with what you are contractually obligated to do and then when/if the landlord doesn't follow through wth their end it's court time.

Once I'm out of here, and if I don't see my security deposit back.. This phucker's going down!

I don't know if I have to legally sign something that shows I was aware the unit was in foreclosure before I signed the lease, but I wasn't.. This mess was not to my awareness when i got into it. I would have never persued a place in foreclosure.

bionicamy

I'm not sure where you are located.... This is for Chicago...you can also find information on landlord tenant laws on most state attorney generals websites. Good luck on your move.

http://www.cityofchicago.org/city/en/de ... right.html

pandora

Non refundable security deposits are becoming more commonplace,
are you sure the lease agreement says it is yours in it's entirety upon proper notice
or upon vacating the property in good standing?

Is there wording about damages to the property you may have caused
as a right to withhold the deposit?

Stopping a check payment could cause legal action towards you, these associations
are lawyered up and have money to spare.

I'm not sure how much money this is but it may end up getting written off as
a life experience depending on that security deposit wording in the lease.

We have gotten judgements against people in small claims court
that were never paid to us, it was a big waste of time in our situation,
they just fled the jurisdiction.

Good luck ... hope it works out for you.