topic Re: Landlord help in Mortgage Loans

Landlord help

Anonymous — Tue, 04 Jun 2013 21:06:42 GMT

Can a landlord report you to a credit agency for living out your security deposit?

We have been excellent tenants for the past 2 years, always on time with rent. We are in UW but due to our previous LO making mistakes on our file we missed our closing date twice so we decided to switch lender at the last minute and will need to stay in our rented place for 3 more weeks. We were advised by LO to not touch our balance in bank if we wanted to be approved, something to do with debits and credits.

We just told our landlord we can't pay him and we will need to live out the deposit, he threatened to take us to court and report this to credit agency's, can he do this? What can he do or not do?

Thanks in advance

Re: Landlord help

StartingOver10 — Tue, 04 Jun 2013 22:42:23 GMT

Yes, your landlord can report it to the CRA's and what is worse, s/he can file an eviction because you have given notice that you don't intend on paying rent for June.

Don't do this. If you don't have enough money to close and pay this months rent - then see if a relative will loan you the money to pay June's rent. Don't go down this road. The security deposit is a damage deposit. It is supposed to be used to offset damages above wear and tear on the property.

Re: Landlord help

Jazzzy — Tue, 04 Jun 2013 23:24:21 GMT

I've been a landlord for many years. What I do if someone tries to do what you are threatening to do is file in small claims immediately. I win.

Then, they have a judgment, and I collect interest and court fees.

If you've been a good tenant, don't blow it now.

Re: Landlord help

StartingOver10 — Tue, 04 Jun 2013 23:58:52 GMT

@Jazzzy wrote:
I've been a landlord for many years. What I do if someone tries to do what you are threatening to do is file in small claims immediately. I win.

Then, they have a judgment, and I collect interest and court fees.

If you've been a good tenant, don't blow it now.

^^^Exactly. And once the landlord files in small claims your new mortgage loan is blown ...doesn't take long to file at all.

Re: Landlord help

creditjail — Wed, 05 Jun 2013 02:41:57 GMT

Yes a landlord can. Security deposit does should not be used to cover rent it is only used to cover damages that may occur.

Re: Landlord help

jadeite788 — Wed, 05 Jun 2013 16:42:50 GMT

Well depends on the states property codes for residential. Normally you can not live out on your deposit. Once the lease is up, the landlord has to get an itemization sheet to the tenant for any deductions which includes any unpaid rent and fees. This is where the security deposit comes in at. This is done within 30 days. if the tenant fulfills the lease agreement with no issues, tenant gets full security deposit back. The issue is from my understanding you fulfilled your lease agreement for 2 years. If you did not sign another lease then you are what is on called Month to Month rent. The landlord can not do anything on a month to month until after 30 days. He has to provide burden of proof that you did not pay rent in order to report to CRA or even start an eviction process. If three weeks is all you need, then you need to make sure you close before the second month's rent is due, give him his money after that along with the fee's and move out once you close on the house. My advice to you, otherwise he has legal rights.

Re: Landlord help

MrChairman — Wed, 05 Jun 2013 17:19:34 GMT

You will need to be late exactly 30 calendar days before the landlord has the right to file any motions against you. Most landlords don't want to deal with the court process and use this as a scare tactic to get the tenate into paying. I wouldn't do what your saying but if all you need is 3 weeks you could probably just tell the landlord he will have his money in hand as soon as you close on the house.

Re: Landlord help

Anonymous — Wed, 05 Jun 2013 18:57:08 GMT

I rented prior to purchasing my home in December. My lease stated that after the 7th day of no payment court documents could be filed. It also stated that I would be sued for the Landlord's Attorney fee, court cost, and the amount of unpaid rent. I was never late and did not break a lease so I can't tell you if it held true, but I am assuming this signed document would be held up in court.

I would check your lease and see what you agreed to because that is what mostly like will stand up in court.

Re: Landlord help

StartingOver10 — Wed, 05 Jun 2013 22:00:53 GMT

OP, are you month to month in your tenancy? Or a holdover tenant? Or on a lease?

There are different remedies for each of the above.

Here in my state the tenant does not have to be 30 days late to file an eviction. A 3 day notice can be served on the tenant (or posted) once the tenant is late on the rent. Late, is defined in the lease you signed. Here a common amount of days used to determine late is 5 days. After the 5th day an eviction notice can be posted.

So, bottom line, check your lease and your state's statutes.

Re: Landlord help

jadeite788 — Wed, 05 Jun 2013 22:36:12 GMT

That is why I state that people need to check their states property codes for residential usually its called the Landlord/Tenant Act. Most can find it on their State Attorney Generals website. Each state is different.

Re: Landlord help

Anonymous — Wed, 05 Jun 2013 23:59:08 GMT

Thanks everyone for you answers. I am in NJ. Found this on google.

www.lsnjlaw.org/.../TenantsRights.pdf

Re: Landlord help

Jazzzy — Fri, 07 Jun 2013 00:38:08 GMT

@MrChairman wrote:
You will need to be late exactly 30 calendar days before the landlord has the right to file any motions against you. Most landlords don't want to deal with the court process and use this as a scare tactic to get the tenate into paying. I wouldn't do what your saying but if all you need is 3 weeks you could probably just tell the landlord he will have his money in hand as soon as you close on the house.

Not true. Better check your state laws. I file long before that.

Re: Landlord help

webhopper — Sun, 09 Jun 2013 13:47:10 GMT

In Oklahoma, the landlord can file 15 days after the due date was missed. I make all my rent due on the 1st, with late fees occuring after the 5th, and with eviction being filed on or near the 15th

Re: Landlord help

justrock — Sun, 09 Jun 2013 18:36:09 GMT

Maybe you can invite the landlord in to do a damage inspection now. If he see that you have not cost him any money for repairs he might lighten up a little.