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Updated over 13 years ago on . Most recent reply

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Mari Oip
  • Avon, NY
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Security Deposit withheld.

Mari Oip
  • Avon, NY
Posted

Ok this is the situation. Five girls signed a lease for $2150.00 per month for a five bedroom house. Each to pay $430 per month. The lease states it is for the term of 9 1/2 months to commence from 16th Aug to end 15th day of May. Which is 9 months EXACTLY but spands over 10 months because it included two half months (Aug & May). The landlord withheld 1/2 months rent from security deposit from all five girls because he stated it is their "STANDARD POLICY" to pay the entire last month of rent no matter what the date on the lease said. We all paid by the first of the month i.e.
Aug 1 for Aug 15 - Sept 15 $430
ETC. and all rent was PIF with no issues.

Can he have a "STANDARD POLICY" and just withhold the 1/2 months rent for the dates of May 16-31 when it wasnt on the lease?

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Joel Owens
  • Real Estate Broker
  • Canton, GA
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Joel Owens
  • Real Estate Broker
  • Canton, GA
ModeratorReplied

Well we don't know what the real version is only what you are telling us.Not saying yours isn't correct just that there are always 2 sides.

I have sat in eviction court waiting to deal with my tenants and the stories I have heard is crazy.The judge orders the writ every time and gets through the tenant BS in about 2 minutes.

The judge will want EVERYTHING in writing.This way he doesn't have to spend a bunch of time trying to find out what is factual based on verbal agreements.

Generally I have found tenants to look away from the judge when asked a question,or stutter with the answer,change the answer mid stream,or lie all together.Usually I don't even speak and the tenant digs a huge hole for themselves real quick.

Now in your case "standard policy" doesn't mean squat if it isn't in writing.

So you may have a case here.I do see tenants win sometimes but it is 1 out of every 20 cases or so in court.

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