Thursday, December 15, 2011

What can happen if I don't pay my rent?

A couple weeks ago, after I renewed my apartment lease, I realize that I couldn't afford the rent by myself (my roommate moved out) I communicate my situation to my landlord during the first week of the first month. I told her that I was moving somewhere else by the end of the month, and I will use my deposit to pay the last month of rent. She stated that I must pay the rent of the last month anyway.


I have keep my apartment in impecable condition all the time.





So far, I have refused to pay the rent of this month. I think it is unfair for me no to get the refund of the deposit.





But I wonder what kind of legal implication this situation can cause me? I live in NC.|||You are required to pay the last month of rent on time. After you move out and the apartment is inspected to verify the "impecable [sic] condition", the deposit is refunded, unless, as another answer suggests, you forfeited it due to leaving before the end of the renewed lease term. You never have the right to apply the deposit towards the last month's rent.|||You RENEWED your lease, therefore you are SUPPOSED to pay your rent. Normally, most leases require a 30 day notice of moving. If you did not give her 30 day notice, that normally voids you of getting your deposit back. Also, I'm not sure about her lease, but I know with our lease agreements we do NOT allow you to use your deposit as a way to pay rent. Again, depending on your lease agreement it could be different. She could sue you for the amount of rent you owe.|||There are two terms here you need to understand..





Rent- what you pay to live somewhere





Deposit- what you paid at the beginning of a lease term to ONLY go toward damages to the place while you lived there, and will get back only after you moved out, after the landlord has inspected the apartment.





In many areas, it is ILLEGAL to use your deposit as rent. So what can your landlord do to you? Since you didn't pay rent, they can evict you, and you will be out on the street even before that last month is up. You will be forced then to go to court and explain to the judge why you didn't pay rent, (no judge will accept deposits in lieu of rent) and at this point you will have an eviction on your credit report, thereby making it even more difficult for people to rent to you in the future, simply by checking that report.





So now you see why its a really bad idea to do what you are doing?|||...you can live on the streets with the other losers who don't pay their rent....|||"I have keep my apartment in impecable condition all the time."





That is irrelevant. Your pay the rent for this month. When you move out, the landlord has to assess any damage you caused and deduct that out your security deposit. Let's assume you are entitled to a full refund of your security deposit. Now it is a timing difference only.





If you paid a $1,000 security deposit and the rent is $800 per month, then you pay rent of $800 for this month and you get $1,000 back in November. If you don't pay rent then you get $200 back. Either way you are $200 ahead. So why not hold back the last month's rent? That's easy.





By holding back the last month's rent your landlord has little to leverage against you. Also if the damage to the unit exceeds the security deposit minus the rent you did not pay, then the landlord will sue you for the balance. The landlord would rather not be in that position.





Next issue:





You said you renewed a lease. What is the term of this lease? You and your roommate are responsible for any unpaid rent. The landlord will sue you both for the unpaid rent.





I hate to be the bearer of bad news but your roommate moving out is not grounds to break a lease and you never ever are allowed to not pay rent unless a judge tells you so.





Pay the rent for this month and try to settle up if you are breaking a lease. The landlord doesn't want to go to court and neither shoud you.

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