Owner threats

Hey, why don't you pay your rent and get your security deposit back? That's the way it's supposed to work, you know. If the landlord doesn't return your deposit, or document real reasons why he is not, then you have remedies.

GCCONDO - And to pursue those remedies costs how much money ? and how much aggrevation? Many landlords, especially an indvidual owner tend to nitpick with "damages" to the apartment. I would take my chances with the landlord reporting you and use your deposit to cover last months rent

@rangersfan

Unless the owner is a big rental company, he can't really report you to the bureaus. He can try to sell the debt to the collection agencies or get them a cut of it.

Sounds like you are threatening the owner by saying you are not paying your last month's rent, which is something you agreed to do...

Why don't you at least compromise with them and offer a half payment, so they are still covered for damages. If you have been a good tenant before this (have not broken any other rules you agreed to, and paid your rent on time) this should not be a problem

(Manhattan LL)

the reason i am suspect on last month's rent is the owner has tried to strongarm us on other fronts - basically saying the old lease was "renewed" automatically even though we purposely did not agree or sign as we knew we would be moving in the future and were willing to go month to month. I can go on with other facts but he has not been trustworthy and I know when we leave he will definitely come up with reasons not to give us our deposit. I am a bit worried with the credit bureau issue as we are looking to buy and don't want our credit ratings to be affected. Another rent vs. own arguement. Strongarm tactics.

make sure you take plenty of detailed pictures since your landlord seems to be a little wacky. this will ensure that if he tried to go after you, you'll have proof.

as long you didnt trash the place, let him keep the deposit and you dont pay the rent. most likely hes not gonna return ur full deposit for some BS like a plug outlet doesnt work or something

he cant report you for anything if you dont owe them money..just go ur separarte ways and its all good.

If you are going to rent another place, though, it would be a good idea to ensure you can get a good recommendation, no?

brokersstink - sure it's a hassle. I just like to live according to the agreements I have made.

gcondo: 'If you are going to rent another place, though, it would be a good idea to ensure you can get a good recommendation, no?'

This comment makes me wonder: do landlords actually check references/credit? I have been renting in NYC area for 12 years and am in my fourth apartment now (for 2 years in one apartment in Greenwich, CT and 10 yrs, third apartment in Mahtattan). I never used a broker and was never turned down for a place. For that matter, never had a follow up question on an application. As far as I know, none of my ll's ever called a prior ll or my employer to verufy. If there are landlords on this site, would love to hear from you as to how extensively an application is scrutinized and whether refernces are indeed verified.

First, there's a fee to join a credit bureau and I doubt that an individual landlord is a member. It's not like anybody can just call up and say, "Hey! LICC owes me a million bucks!"

Second, deliberately reporting false information is a crime. If you in fact don't owe him money and he somehow manages to get negative information on your credit report, you can prosecute him. If you owe him money, he can sue you in small claims court.

And if he gives you a bad reference, you can sue him for defamation of character.

I wouldn't worry about it.

We recently rented at Glenwood building and the deposit is a considerable amount of money. We moved out Nov 27 and still have not received our deposit back. There were no problems with the apt - we left it in perfect condition after 5 years. We have called repeatedly for our deposit and they keep telling us it takes up to 3 weeks but we have not yet received it. It seems outrageous that it should take so long to get your deposit back. They knew for 3 months that we were leaving, certainly they could have gotten the paper work together. So, the option of not paying the last months rent certainly seems attractive even to someone like me who is a stickler for rules.

Let me repeat what someone else has said: Take numerous & sundry detailed photos of the unit as you are going out the door.

gcondo - listen, this is not about me trying to be cute and not perform on an agreement. It was obvious to me that this landlord would not be forthcoming with our deposit. Its more obvious now given his response.

Stevejhx - I have read your posts for a number of months and appreciate your feedback. This particular landlord owns multiple condo units so I am still a bit unsure as to his ability to access credit bureaus with his relationship with a law firm. My wife and I have exceptional FICO scores (both above 800) and we will be in the market to buy and will need financing (I know, I know) so its a real issue for us.

Your landlord sounds like a jerk. Who is it? Rhino?

apt23, your lease should tell you the time that the LL has to return your deposit, on a REBNY standard lease its 60 days. Believe it or not, returning your deposit early is not the top priority of a management company

rangersfan, i am going through the same process as you. never signed another lease and have been paying month to month. I plan on not paying the last months rent to get my security deposit (i am more concerned that payment wont be made b/c i have seen letters informing the owner of my unit that he is possibly in forclosure). Anyay, b/c you have not signed anything, I SERIOUSLY doubt he would have any leg to stand on. The credit companies would be just taking his word and if he was asked to present anything concrete all he could show was an old dated lease. dont pay.

As I said, I wouldn't worry about it. For there to be a debt there must be damage, and he would have to prove it. If they have a notice of eviction for nonpayment that's one thing, but just, "He kept his security deposit," though it violates the lease, really isn't going to get him very far.

qwerty!

http://streeteasy.com/nyc/talk/discussion/4619-secty-depsit-charge-tenant-for-re-caulking-tub-bc-mold

nice posting alamefart

hi hfscomm1

hi alamefart

" I doubt that an individual landlord is a member"

Not true, steve. Even a small LL can have a credit reporting service, like Onsite.

apt23,

It takes time to process & return a SD; 30 days is normal.

dwell, I didn't say they couldn't be - but it costs money & if you have just one tenant, is it worth it?

Steve,

Yes, def worth it. Even if you have just 1 unit, ya don't want to rent to someone cuz they look good & then find out they already filed for bkrpty or were in prison or litigated in L&T court, which a credit report will show & the report costs only about $20. A very worthwhile investment.

I agree with gcondo.

I think, but am not sure, there is now a way for LL's to go directly to collection companies to collect back rent. As a former landlord, I think it's quite dishonorable not to pay last month's rent. I would never rent to a tenant who had. I would always call all previous landlords for any prospective tenants.

I agree with gcondo.

I think, but am not sure, there is now a way for LL's to go directly to collection companies to collect back rent-if this is provided for in the lease. Check your lease.

As a former landlord, I think it's quite dishonorable not to pay last month's rent. I would never rent to a tenant who had. I would always call all previous landlords for any prospective tenants.