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Landlady is causing an ulcer, please help!?


I have been living in my landlady's house for a about a year and before moving in paid a deposit equivalent to one month's rent. I moved out at the beginning of the last month (June 07) of the contract, due to an emergency and offered the deposit to cover rental arrear. I do believe there were damages to this house, but partly due to having moved out suddenly and partly knowing that the landlady was known to hold the deposit for unreasonable reasons, i choose to forgo the deposit to cover last months rent. However, she is still insisiting on me paying June's rent where as I want to see a statement of damages (still not made available), which I am happy to settle and end the contract if its reasonable. What I would like to know is am I within my right to do this? And if she wished to take action against me how would she go about it? Would it be throught the police? I am an international student so would the home office be involved in anyway?

The quick answer is you are not technically within your rights as a good person and tennant, but it may be a good course of action for getting things sorted.

Its not the police who will resolve this, it is the courts - and that is a lot of hassel for both you and the landlady - which I would advise you both avoid if possible.

I am not advocating you not paying for anything that you reasonably owe - however, you are in a reversal of the normal (or old before they were deposited in separate bank accounts) deposit situations where you are at the landladys mercy. Basically, I would write to her / phone and politely explain the situation as you see it. Explain you don't think the damages amount to entire deposit, and are only willing to pay when you have seen evidence of what needed to be done. Politey, but firmly, make it clear you are not going to blindly hand over money without further action from her.

Unless you absolutely destroyed the place, she should be inclined to sort it out without outside intervention - and if you end up paying for whatever the damage was, everyones a winner!

NB: your situation is somewhat weakened if you need a reference in the near future!

cannot do that in the u.s. courts would toss it out. outrageous landlady. bs. irritating. you outta bite her leg. i mean a real savage rip.

When were you supposed to pay the monthly rent? I am assuming every first of the month. You said that you moved out in the beginning of June. It means you lived there for a few days in June. Did you pay for June's rent? If you didn't then that's why she asked you to pay for it. It doesn't matter how many days you lived there in June. Even if you only stayed there 1 day in June you will still have to pay for the whole month of June. If you paid rent for June and you also let her take the deposit then I do not know why she is asking you to pay for rent in June. If it was for the damages then she has to give you an estimate of the cost of fixing them. Go there and talk to her and bring at least a couple of witnesses with you. Because she can just say that you never make any attempt to contact her and try to resolve the problem. When you call her put her on a speaker phone and have witnesses around you too. Good luck!

It is not a police or home office issue. She could go to the small claims court or county court to try and pursue any money.

I should speak to the Citizens Advice Bureau, they will help you sort it out. You university or college will probably be prepared to help as well.

So your lease ended June 30, and instead of paying June's rent you figured she could use the security deposit. It doesn't work that way. The security deposit was as security for damages to the place, not to be used for rent, and you can't just decide that you are going to change the purpose of what the money was for. She can take you to court to get that money for the last month's rent from her. You owe her June's rent before she owes you the refund of the deposit.

As a landlord myself, I would say that Heather's answer is just spot on. I'm always amazed at how enthusiastic tenants are when they take the property, and then when things dont go just how they want, they think they can write the rules to suit themselves. You are under a legally binding contract to pay the rent at the appropriate time and adhere to the terms you agreed. It is not the landlords fault that your circumstances have changed and its probably her who has an ulcer coming with the mither,not you. Pay up as you are legally obliged to do and then sort out the situation with the deposit. She can take you to the small claims court for a small sum and you will no doubt lose your case. Come to an arrangement without the inconvenience of court action - it will be easier all round.

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