Help with deposit query

This is a discussion on Help with deposit query within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; I have been living in an apartment for 4 months, i have never once skipped a payment on my rent, ...

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Old Oct 1st, 2008, 06:17 AM   #1
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Unhappy Help with deposit query

I have been living in an apartment for 4 months, i have never once skipped a payment on my rent, i still owe for a deposit, what can the owner do?
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Old Oct 1st, 2008, 09:10 AM   #2
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Default Re: Help with deposit query

Depends on where you live. The owner can take your next money paid to apply it towards the deposit you owe. If this money was meant for the current rent, you would owe the rent and a Pay or Quit notice can be served to you to pay the rent. If you failed to pay the rent within that time, you could face eviction.

Normally in all businesses, the oldest debts are discharged first. A rental is a business. Since you have owed the deposit for 4 months, that is the oldest debt and the owner would be just in applying any monies received towards it before applying it towards current rent. (Think of a car payment. If you haven't paid last month, they won't appy your next payment to this month until you have satisfied last month's payment.)

In other places, the owner could just serve a Pay or Quit or Perform or Quit notice on the deposit money owed. Same result. Pay up within the stated time or face eviction.

In the few places that do not allow either of these remedies, the owner may serve a lease violation notice on you. Some states allow you 30 days to cure this violation before you face eviction. I suggest you pay your deposit within the next month at most or you won't be living there much longer. Why didn't you pay this at lease signing, or at least sign a payment plan for it?
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