Should I Pay the Rent or Not???
Tags:management company, new faces, oct 2nd, security deposit, water gas,
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I am a New York proprietor as good as my franchise lapsed Aug. 31st. If we do not replenish your franchise afterwards we turn a month-to-month resident. They lifted my franchise 0 (I was hardly means to compensate a franchise prior to to which not to discuss we additionally compensate for cold/hot water, gas as good as heat).
I went to my government association a week of a Aug. 17th (can’t recollect a expect date) to surprise them of my vigilant to leave. They have not long ago undergone a outrageous passing from a single to another of employees as good as there have been a lot of code brand new faces (some have worked for a association during opposite locations as good as a little have been code new). we was sensitive by a single of a employees which we had to give a 60 created notice to empty once my franchise expires. we counted 60 days from Aug 31st as good as we dull it to a many available day for me to pierce which happened to be Sat. Nov. 1st as good as 60 days prior to to which was Sept. 2nd so this is when we put my notice in.
I’m in college as good as my books finished up costing me 0 so we came to a finish which we would not be means to compensate my franchise for a month of Sep which is due a 5th.
I went behind to a government association about 5 days ago to let them know my quandary as good as to surprise them which we could not stay all a approach til Nov. 1st or we would be in a bad house. we was afterwards sensitive which someone had since me a wrong report as good as which we was usually compulsory to give thirty days notice as good as we did not have to wait for until a franchise lapsed to do so. So this chairman finished up costing me about 10 days some-more of staying here as good as profitable franchise since we am obliged for franchise up until Oct. 2nd as good as if we had put in a notice upon a day we creatively went to them afterwards we would’ve usually been obliged up until may be a Sept. 20th.
I asked if they could request my confidence deposition toward my franchise for Sept as good as we would compensate any disproportion as good as any late fees as good as we would be withdrawal eleven days earlier than we had to upon a 21st. They were reluctant to work with me as good as in jeopardy me with eviction.
I called behind currently to hold bottom with them as good as to let them know which we intend to leave subsequent Sun. as good as they have been still melancholy to exude me as good as to assign me authorised fees. we consider this is silly deliberation eviction can take a couple of months as good as we will be out of here in a week.
My subject is:
(1) should we call their bluff, we meant do we unequivocally consider they have been starting to begin a eviction routine meaningful which I’m withdrawal in a week?
(2) In a eventuality which they do begin a routine will this go upon my jot down deliberation it will not be finished since we will be left approach before?
I do not intend to leave them in a red. we am some-more than peaceful to cover my franchise as good as any late fees compared with it MINUS my confidence deposition as good as we have finished them good wakeful of this. At a finish of a day they will not remove any income so how could they acquire a settlement opposite me?
Galen B: If it was which easy to only contend to them "I can’t compensate a increase" we would have finished it. As we told you, they have been not really flexible. Yes we have carry out over a volume of H2O as good as gas we make use of though am we ostensible to jump over a couple of showers or dishes to conserve??? we finished a preference to buy books since (1) we have somewhere to go as good as (2) Finishing propagandize is what’s starting to pierce me to a indicate in hold up where we do not have to highlight either or not we have a franchise $. Was we ostensible to give up propagandize as good as stay in this upon all sides which most longer??? we have been here for 3 years as good as have NEVER paid late. we am awaiting a baby as good as my #1 priority right right away is school. If they would rsther than have me pierce afterwards since have been they obligating me to stay thirty days past my lease??? we assimilate which they wish their income as good as when all is pronounced as good as finished they will have it…HELLO they still have my confidence deposit. we do not know what state we live in though we live in Westchester county NY as good as it is VERY costly here.
Galen B: we have no cable, home phone, roughly no seat as good as we expostulate an 03′ Neon so greatfully save a "cut back" debate for someone else. we can’t work OT since we have 5, approbation 5 classes. And am we approaching to "know ahead" which when we have respected your franchise as good as it expires which they can still charge we to stay thirty days more??? We’re not articulate about someone who moves in as good as bails out a 3rd month. we have been a indication reside for a final 3 years.
n2mama: They hoop their own cleaning as good as painting, which is not what a confidence deposition is dictated for. It is for holes in a wall, damaged cupboard doors, runner stains etc. we have nothing of a upon top of as good as we keep my residence really purify so there is no reason since we wouldn’t be entitled to a complete amount. Did we review thoroughly??? we intend to compensate any differences (damages, fees etc.) so they will have no reason once we leave to take me to justice since they won’t be out any money…HELLO. we DID NOT "switch to a month-to-month" lease. That is a default for people who intend to stay though do not wish to replenish their lease. As we pronounced upon top of we let them know in Aug which when my franchise lapsed upon Aug 31st which we dictated to leave. THIS is when they sensitive me which we cannot leave when a franchise is up since we have to give them thirty days notice. In alternative words, they have been fundamentally revelation me which we have to stay past a lease. This is not my initial unit as good as this is not a approach most
landlords do things as we substantially know so how was we ostensible to know which this was gonna happen???
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You need to go to your management company and insist on seeing someone senior. Explain the problems to them and see what they say. This may help and cannot make the situation worse. Failing this you need to check your lease or rental agreement carefully to see what your rights are and possibly seek legal advice.
It would be pointless of them to start eviction proceedings if you have left or are leaving but they can still take action against you to recover any money they feel you owe. This is what you need to sort out with them asap.
In New York State is illegal to use your security deposit as rent. They will start the eviction process if only to obtain a judgment against you for failure to pay rent. The judgment will include late fee, court costs, attorney fee & filing fees. The judgment will go on your record and remain their for up to 10 years..20 if they renew the judgment.
The can garnish your salary, attach your bank accounts, seize your iRS returns and place a lien on any property you may own (home/car).
To you really want to dodge them for the next 20 years.
You should have told them you couldn’t pay the rent increase, and that you would continue paying the rent without the increase. and give them a written notice. This would show that you weren’t just trying to stick them for the rent. You have control of the amount of water gas and heat you use.
Then you make the decision to buy school books over paying for a place to live. OK, living on a park bench studying for school was your choice. They see it as you can’t afford to pay your rent, even without the increase…how many times were you late?
First they would rather you move. They don’t want someone living there and not paying rent.
Second they are a business. They are there to make money, not provide a free place to live. They pay taxes to the governments to provide for free housing.
Third they are starting the process as a course of business. You didn’t pay the rent for September as you agreed, so they instantly start the process. It is not a bluff. If a person can’t pay their rent, they may have trouble finding a new place and stay longer. So they start the process.
You are responsible for the choices you make. Nothing says it is easy, you need to do the right thing. When you get your education and possibly invest in income property, you will see their point of view.
You can take the victim point of view, or you can work hard to improve your situation as most successful before you have done.. Cut back on expenses, work overtime…Do you have a cellphone? extended cable, a new home entertainment system, a more expensive car than you need? Do you buy DVD or Blueray…
Many times we get in a situation that could have been foreseen. I bet you knew ahead of time the school books would cost you a few hundred dollars.
Yes you should pay the rent.
Good luck in school
I don’t know New York law, so I will assume the above poster is correct about it being illegal to use security deposit for rent there. Even if it is not illegal, most landlords will not do that since they then have no choice but to take you to court over any damages or cleaning required when you leave. If you’ve been there for three years, I can’t imagine you would get 100% of your deposit back, just due to things they will decide need to be cleaned or repainted or whatever. If you didn’t pay rent for September, they can get a judgement against you, it’s that simple. And yes, if they do an eviction and take you to court, it will end up on your record if they win. When you switched to a month-to-month lease, that changed what the requirements for leaving were. It was your responsibility to know that on a month-to-month lease 30 days notice is all that’s required. So yes, you are expected to know that at the point you decided not to renew your lease.