Not Paying Last Month's Rent

[ksgirl38]

I hate to even ask this question, but what are the consequences of not paying your last month's rent before moving? I've had it with this place. I gave my notice that I was not renewing and the place that I'm moving to is trying to get a rental verification. The complex I currently live in has been sitting on it for 2 weeks and I keep getting the run around as to why it's not been completed and faxed back. This after 4 years of mice, AC going out 5 times in one year, maintenance barging in and leaving things lying around not cleaning up their mess, shoddy work by maintenance, rude staff that makes threats, and a list of other problems. If they don't have my forwarding address and don't know my current employer, what can they really do? Just wondering.

[bcohen]

Other than giving a bad reference about you to prospective landlords, there's probably not a whole lot this place can do--especially if the conditions there are as bad as you say they are. Slumlords who are renting out properties which are unsanitary and don't meet applicable building codes are probably not going to use the court system to come after a former tenant who has already vacated the premises. After all, the last thing they would want is for the former tenant to file a complaint with the city's department of buildings, which could result in costly fines for code violations.

I guess the biggest question here is how and why did you put up with such terrible living conditions for 4 years, let alone 4 months? I understand that stuff breaks, and many owners of rental properties are loath to put money into the premises. Many will keep an old worn-out furnace and air conditioner limping along for years--or even decades--after the equipment should have been replaced. As long as they eventually repaired the problem, that's their right. However, a landlord does have the obligation to keep their rental property free of vermin, and should be paying for an exterminator if there is a problem.

In any case, it sounds like you need this place to provide a reference, and it sounds like they aren't going to do that for you no matter WHAT you do. Do you have a backup plan--i.e. somewhere else to move--if these people refuse to provide a reference (or provide a bad reference)?

[ksgirl38]

Unfortunately last time my lease came up for renewal I was in between jobs and still searching for something permanent and being that you need an employment verification for another place I chose to stay here until I was in a better position careerwise. I doubt many places would rent to you without a job anyway. Now that I'm working somewhere further away and I've pretty much had it with this place I'm in a better position to move. It's really deteriorated in the past year. I found another complex, but now my application there is being held up because this place I'm in now won't complete the rental verification. It's been requested twice by fax and I've called about it twice. I'm sure I'll end up paying my last months rent, even though I'd really like to not pay it just because I'm so pissed, but I'm not sure what they could do anyway. I'm going to try to get a copy of the rental verification form today and just go into the office and stay there until they complete it and fax it myself. I'm a little concerned about losing the apartment I found now. I must have looked at over a dozen places before finding one I liked. I don't imagine I'll be moving again for awhile and if I do it will be into a home of my own so I'm not so concerned about the reference. I'm trying to see if there's any other documentation the new complex will be willing to accept in lieu of the rental verification ex. cancelled checks or something of that nature. Anyone have any suggestions? I already have the BK on my record so I know that's a ding against me and now this.

[tobee43]

i'm certain this happens all the time. you new complex may have "plan" 2. i would ask them. shoot you have been thee 4 years. ask them if they will except proof of rental payments. or maybe some other type of alternative. they must have dealt with situations like this before with uncooperative past landlords? i would ask them what else you could do to help get this moving since i don't know how you could force their hand, other that go to their office and not leave without the documentation you need. i would sit there until they provided it. i would also check your to see if there is anything in landlord tenant law in your state that covers this type of situation, however, doubtful i am, that that type of situation would be covered under the tenant landlord laws. but it's worth a shot.

[ksgirl38]

Well I did get the rental verification done today. I spoke to the new complex I'm moving to and they received everything and it's all good on their end.

Then I came home from work.....and there's a note on my door saying I didn't give them 60 days notice and I owe another month. B*****t! I gave them notice 3 times, twice in writing. Of course a couple years ago when I was trying to get my new lease to sign my renewal I didn't get it until about April 15th and my lease was up April 30th. Not to mention that the note left on the door indicates that they have a right to show my apartment while I'm still living here, which I'm fairly certain is not in my lease. I have a copy, I'll check later. Let them show it, I'm tempted to hang signs pointing out the 4 mouse glue traps in the kitchen, the places where the grout is coming out of the shower because they used the wrong drywall, or the leaky window. I really don't want to pay that last month's rent, but I know I need to. I'm not that type of person, but somehow I'd really like to stick it to these people after all the rudeness and poor conditions. I'm just anxious to be moving to a nicer place at this point.

[bcohen]

The way these people are treating you, I would try to vacate ASAP, and take possession of the new apartment this month if possible. If you can successfully move all your possessions out of the apartment and return the keys by March 30, I would not pay them another dime.

It sounds like even if you DO pay the next month's rent, they will try to report you as delinquent for two MORE months of rent and ruin your credit anyways. Also, since it is their intention to show off the apartment while you are still living there, your possessions and privacy are no longer secure. A reputable apartment complex would wait until after a tenant is fully moved out, and the apartment has been repainted and cleaned to begin showing it. I would just cut my losses and move on ASAP at this point.

[ksgirl38]

Well I have movers scheduled for April 26th and I don't think my new place will be ready until much before then. I did look through my lease and there is a $75 security deposit. I don't recall actually paying that, but it was several years ago so who knows. I'm tempted to just subtract that from my last months rent. I know they'll try to blame me for stuff that's just normal wear and tear. Like my bedroom window apparently leaks. I had no idea until they left me a note charging me for new blinds in the bedroom. I never open that window. I'm near the highway so it makes it noisy if I do and I have shades on the window to keep light out anyway. When I looked one day after it rained I realized the window leaked. They eventually stopped leaving me nasty notes about that when I pointed out it was their window doing the damage.

I did look through the lease and didn't find anything about them having the right to show my apartment. I think I'm going to right them a letter back and indicate that violates the lease. According to the lease that gives me reason to terminate the lease early. I don't think they actually would show it. They have a model they show people that is much nicer than what you actually get anyway. I'm just wondering how much one months rent would damage my credit. I'll fight them. It's obvious they are in the wrong and just trying to get as much money as they can out of me. I can't imagine someone going after $600, but who knows.