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A Problem With Landlord-Tenant USA Laws

Discussion in 'Alley of Dangerous Angles' started by Eldular, Oct 4, 2005.

  1. Eldular Gems: 10/31
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    [​IMG] Right now I'm having certain difficulties with my current landlord. We are unable to pay the rent for this month, so we plan to live out the Security Deposit we made. However, the landlord is stating that we cannot do that, that he does not have to use the security deposit for a compensation for a missed month's rent.

    So my question is: Can we spend a month without paying rent and he has to keep the security deposit? or not? or can he choose to keep it or not? please explain. :help: (I live in Florida btw)
     
    Eldular, Oct 4, 2005
    #1
  2. dmc

    dmc Speak softly and carry a big briefcase Staff Member Distinguished Member ★ SPS Account Holder Resourceful Adored Veteran New Server Contributor [2012] (for helping Sorcerer's Place lease a new, more powerful server!)

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    Well, laws are different state to state. As I live in the people's republic of California, which, along with New York City, has the most tenant-friendly laws in the US, I can tell you that you can get evicted here for not paying your rent, even if the landlord has a security deposit. I sit as a judge pro tem from time to time and handle, among other cases, unlawful detainers (which are eviction lawsuits), so I know the law at least here in California.

    The basis is that a security deposit is for more than just rent. It's there to compensate the landlord if you leave the place trashed, in a state of disrepair or to pay for other monetary defaults that may exists (including unpaid rent). Thus, your landlord could let you live off the security deposit this month and ask you to replenish it next month along with the rent, but most won't do that without a lot of history with you.

    I don't know Florida's laws on this topic, but I can almost guaranty that they are not as lenient as California's laws. Sorry, but you need to scrounge up the rent or the landlord can probably evict you.
     
    dmc, Oct 4, 2005
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  3. Late-Night Thinker Gems: 17/31
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    Are you perhaps a single parent? They have more protections from eviction if I recall...
     
    Late-Night Thinker, Oct 4, 2005
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  4. Eldular Gems: 10/31
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    Hmm, I guess I'll have to ask my brother to help, oh well. Many Thanks dmc.

    Edit:

    @Late-Night Thinker: No, I'm actually 17, my mother lives with me and my step-father. However, she is lacking when it comes to United State's laws.
     
    Eldular, Oct 4, 2005
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  5. St. James Gems: 4/31
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    Yeah, I think you are screwed. Check your local eviction laws, however -- sometimes they have to give you 30 days' notice, so if you can have the rent (for both this month and next) by then you could be okay.
     
    St. James, Oct 4, 2005
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  6. Cúchulainn Gems: 28/31
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    Do you have something like a Citizens Advice Bureau ? I had trouble with my landlord when my mother died, and C.A.B. sorted me out. Good luck.
     
    Cúchulainn, Oct 4, 2005
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