Ethical dilemma

[Anonymous]

Dharma, I’m betting Flu’s right. When the bank gets the house, it’ll be minus kitchen cabinet doors, all the appliances, etc.

[CA renter]

Having been through the whole small claims court drama to get a deposit back, I can attest to the importance of lots of pictures/video. Also, keep track of ALL receipts for repairs/maintenance, etc. Get everything in writing, and document every phone call, etc.

What we do now is video & photo BEFORE we move in, and video & photo of the same stuff after we’ve moved out. That way, you can show what was pre-existing (good and bad, as many tenants actually improve the property, like you did). Use a picture/video of that day’s newspaper to show the date (as mentioned above).

Good luck!!

[CA renter]

Having been through the whole small claims court drama to get a deposit back, I can attest to the importance of lots of pictures/video. Also, keep track of ALL receipts for repairs/maintenance, etc. Get everything in writing, and document every phone call, etc.

What we do now is video & photo BEFORE we move in, and video & photo of the same stuff after we’ve moved out. That way, you can show what was pre-existing (good and bad, as many tenants actually improve the property, like you did). Use a picture/video of that day’s newspaper to show the date (as mentioned above).

Good luck!!

[CA renter]

Having been through the whole small claims court drama to get a deposit back, I can attest to the importance of lots of pictures/video. Also, keep track of ALL receipts for repairs/maintenance, etc. Get everything in writing, and document every phone call, etc.

What we do now is video & photo BEFORE we move in, and video & photo of the same stuff after we’ve moved out. That way, you can show what was pre-existing (good and bad, as many tenants actually improve the property, like you did). Use a picture/video of that day’s newspaper to show the date (as mentioned above).

Good luck!!

[CA renter]

Having been through the whole small claims court drama to get a deposit back, I can attest to the importance of lots of pictures/video. Also, keep track of ALL receipts for repairs/maintenance, etc. Get everything in writing, and document every phone call, etc.

What we do now is video & photo BEFORE we move in, and video & photo of the same stuff after we’ve moved out. That way, you can show what was pre-existing (good and bad, as many tenants actually improve the property, like you did). Use a picture/video of that day’s newspaper to show the date (as mentioned above).

Good luck!!

[CA renter]

Having been through the whole small claims court drama to get a deposit back, I can attest to the importance of lots of pictures/video. Also, keep track of ALL receipts for repairs/maintenance, etc. Get everything in writing, and document every phone call, etc.

What we do now is video & photo BEFORE we move in, and video & photo of the same stuff after we’ve moved out. That way, you can show what was pre-existing (good and bad, as many tenants actually improve the property, like you did). Use a picture/video of that day’s newspaper to show the date (as mentioned above).

Good luck!!

[zzz]

dharmagirl- I’m no expert on this, but what does your lease agreement say? For instance, I have seen lease agreements that say the security deposit is not to be used in lieu of last month’s rent, but also says the deposit can be used to “cure” lack of or late rent payments. Also, what is your penalty/late fee? If its say $25 or $50, then what do you have to lose by not paying your rent? Yes, they can take you to small claims court, but again, if your rental agreement says the security deposit can be used to cure any rental payments, I don’t see what your real risk is?

That said, I’m not suggesting you do anything “illegal”. These are yours and the landlords rights under CA law:
http://www.dca.ca.gov/publications/landlordbook/moving-out.shtml

[zzz]

dharmagirl- I’m no expert on this, but what does your lease agreement say? For instance, I have seen lease agreements that say the security deposit is not to be used in lieu of last month’s rent, but also says the deposit can be used to “cure” lack of or late rent payments. Also, what is your penalty/late fee? If its say $25 or $50, then what do you have to lose by not paying your rent? Yes, they can take you to small claims court, but again, if your rental agreement says the security deposit can be used to cure any rental payments, I don’t see what your real risk is?

That said, I’m not suggesting you do anything “illegal”. These are yours and the landlords rights under CA law:
http://www.dca.ca.gov/publications/landlordbook/moving-out.shtml

[zzz]

dharmagirl- I’m no expert on this, but what does your lease agreement say? For instance, I have seen lease agreements that say the security deposit is not to be used in lieu of last month’s rent, but also says the deposit can be used to “cure” lack of or late rent payments. Also, what is your penalty/late fee? If its say $25 or $50, then what do you have to lose by not paying your rent? Yes, they can take you to small claims court, but again, if your rental agreement says the security deposit can be used to cure any rental payments, I don’t see what your real risk is?

That said, I’m not suggesting you do anything “illegal”. These are yours and the landlords rights under CA law:
http://www.dca.ca.gov/publications/landlordbook/moving-out.shtml

[zzz]

dharmagirl- I’m no expert on this, but what does your lease agreement say? For instance, I have seen lease agreements that say the security deposit is not to be used in lieu of last month’s rent, but also says the deposit can be used to “cure” lack of or late rent payments. Also, what is your penalty/late fee? If its say $25 or $50, then what do you have to lose by not paying your rent? Yes, they can take you to small claims court, but again, if your rental agreement says the security deposit can be used to cure any rental payments, I don’t see what your real risk is?

That said, I’m not suggesting you do anything “illegal”. These are yours and the landlords rights under CA law:
http://www.dca.ca.gov/publications/landlordbook/moving-out.shtml

[zzz]

dharmagirl- I’m no expert on this, but what does your lease agreement say? For instance, I have seen lease agreements that say the security deposit is not to be used in lieu of last month’s rent, but also says the deposit can be used to “cure” lack of or late rent payments. Also, what is your penalty/late fee? If its say $25 or $50, then what do you have to lose by not paying your rent? Yes, they can take you to small claims court, but again, if your rental agreement says the security deposit can be used to cure any rental payments, I don’t see what your real risk is?

That said, I’m not suggesting you do anything “illegal”. These are yours and the landlords rights under CA law:
http://www.dca.ca.gov/publications/landlordbook/moving-out.shtml

[SD Realtor]

Golfgal and HLS have made the most pertinent posts on here. In general most lease agreements do not permit your security deposit to be used to pay rent, first months, last months or otherwise. Using the security deposit in lieu of rent is permitted but does not absolve you of late fees or penalties. Similarly if the landlord has documentation or invoices proving that things need to be fixed then he can come after you for those liabilities. Again it all depends on the terminology of your lease agreement.

My only advice here would be to review your lease to the letter. If you plan on violating it in any way then I would suggest you consult an attorney prior to doing so. Your dilema is not an ethical one it all, it is very simply a matter of you choosing to violate the contract. If you pay your lease but do not get the security deposit back then you simply go to court to fight for it. If you choose not to pay rent then that is okay to. Whatever consequences follow from that will be up to the landlord and what the lease allows for with regards to penalties, late fees, etc and if the landlord has the energy to bring you to court.

This is not advice in any manner so please don’t construe it as such. Consult an attorney

SD Realtor

[SD Realtor]

Golfgal and HLS have made the most pertinent posts on here. In general most lease agreements do not permit your security deposit to be used to pay rent, first months, last months or otherwise. Using the security deposit in lieu of rent is permitted but does not absolve you of late fees or penalties. Similarly if the landlord has documentation or invoices proving that things need to be fixed then he can come after you for those liabilities. Again it all depends on the terminology of your lease agreement.

My only advice here would be to review your lease to the letter. If you plan on violating it in any way then I would suggest you consult an attorney prior to doing so. Your dilema is not an ethical one it all, it is very simply a matter of you choosing to violate the contract. If you pay your lease but do not get the security deposit back then you simply go to court to fight for it. If you choose not to pay rent then that is okay to. Whatever consequences follow from that will be up to the landlord and what the lease allows for with regards to penalties, late fees, etc and if the landlord has the energy to bring you to court.

This is not advice in any manner so please don’t construe it as such. Consult an attorney

SD Realtor

[SD Realtor]

Golfgal and HLS have made the most pertinent posts on here. In general most lease agreements do not permit your security deposit to be used to pay rent, first months, last months or otherwise. Using the security deposit in lieu of rent is permitted but does not absolve you of late fees or penalties. Similarly if the landlord has documentation or invoices proving that things need to be fixed then he can come after you for those liabilities. Again it all depends on the terminology of your lease agreement.

My only advice here would be to review your lease to the letter. If you plan on violating it in any way then I would suggest you consult an attorney prior to doing so. Your dilema is not an ethical one it all, it is very simply a matter of you choosing to violate the contract. If you pay your lease but do not get the security deposit back then you simply go to court to fight for it. If you choose not to pay rent then that is okay to. Whatever consequences follow from that will be up to the landlord and what the lease allows for with regards to penalties, late fees, etc and if the landlord has the energy to bring you to court.

This is not advice in any manner so please don’t construe it as such. Consult an attorney

SD Realtor

[SD Realtor]

Golfgal and HLS have made the most pertinent posts on here. In general most lease agreements do not permit your security deposit to be used to pay rent, first months, last months or otherwise. Using the security deposit in lieu of rent is permitted but does not absolve you of late fees or penalties. Similarly if the landlord has documentation or invoices proving that things need to be fixed then he can come after you for those liabilities. Again it all depends on the terminology of your lease agreement.

My only advice here would be to review your lease to the letter. If you plan on violating it in any way then I would suggest you consult an attorney prior to doing so. Your dilema is not an ethical one it all, it is very simply a matter of you choosing to violate the contract. If you pay your lease but do not get the security deposit back then you simply go to court to fight for it. If you choose not to pay rent then that is okay to. Whatever consequences follow from that will be up to the landlord and what the lease allows for with regards to penalties, late fees, etc and if the landlord has the energy to bring you to court.

This is not advice in any manner so please don’t construe it as such. Consult an attorney

SD Realtor

[Author]

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