Didnt pay last months rent, can i get back my security deposit?

Question

I was an excellent, tenant, rent was paid in full and on time. My landlord was a jerk. I had a rodent infestation during the full time of the lease (1yr) and my landlord REFUSED to hire an exterminator. I witheld rent once and paid the next month on the good faith the landlord would give in and provide services. Not so lucky. I did not pay the last month rent because these services were not provided, but i also have not received my security deposit back. I'm aware shes likely keeping this in lieu of the month i didnt pay. I have letters that i've sent to the landlord via fed ex regarding the rodent infestation, as well as pictures proving there was a problem. I intend to take my land lord to small claims court in an attempt to get my security deposit back. Is it possible the landlord can win by saying she used my security deposit as last months rent, even w/all my evidence?

Answer 1

You will lose.  You cannot ever hold back rent for any issue ever.  This situation is why people pay security deposits.

Answer 2

This is a pretty tricky situation. You should really only ever withhold rent on the advice of a lawyer, since you can get yourself into contractual trouble with respect to the lease by doing so. Your landlord could have initiated eviction proceedings. Yes, you had an infestation, but did it make the apartment unfit for habitation? To what degree did it impair the use of your apartment? These are things that would have to have been decided in a court proceeding, which could have determined what compensation you were entitled to. If your landlord isn't coming after you for the two months of back rent, consider yourself lucky.

It *might* be possible that in your state the landlord has to return the deposit even if you are behind on rent. You will have to sue for it, in all likelihood, and you will need a lawyer. You've hurt your case a great deal by not paying rent. It might even be possible for your landloard to sue *you* for the back rent that is owed. If you don't think they will, it might just be better to put the whole episode behind you.

Good luck.

Answer 3

Depends on the laws of your state.  In PA the landlord still needs to send you a letter stating why they are retaining your security deposit.  This letter needs to be sent to you within 30 days.  If you do not receive the letter stating why your security deposit was held, landlords in PA are required to give you double your security deposit.  I security deposit cannot be held as last months rent in PA.

Not sure what state your in.  That would help.  I think you have a small claims case.  

In PA a tenant is required to send the landlord a notice of an address of where to reach them within 30 days of moving out also.  Make sure sent certified/return receipt.

Answer 4

You probably will not win your case.  In my state the landlord must notify the tenant within 20 days after the expiration of the lease that he is refusing to return the security depost and how much and why.  If ne does not send the notice, he may not keep the security deposit.  Check your state law on this.  this may be available on a web site.  Where I live the total court costs run about $100, which he would pay if he loses, but you pay if you lose.

Answer 5

She'll prevail. You can't withhold rent.  Depending on your lease you can have certain services performed (if deemed an emergency) and deduct it from the rent.  But you didn't do that.

Answer 6

It's doubtful you'll win this.  If conditions were bad, you may have been able to have it fixed and deduct those costs from your rent.  Since you just withheld rent, the landlord is likely to be allowed to keep your security deposit.

Answer 7

You do have a chance at winning.  

Of course, your landlord will state that she rightfully and according to the rental agreement, she kept your deposit as you failed to pay the last month's rent.

You will, then, state that despite of being officially notified by you, that the landlord has failed to provide pest control service during the entire period of the lease.  You will also state, per housing law in the area, you understand that the landlord is required to provide pest control.  (Please confirm this with your local housing authority)  Therefore, for the entire period, your health and safety was placed at risk.  As a result, you deducted the last payment.  And, as such, you are entitled to receive your deposit back.

It will be up to the court/judge to make a determination who will prevail.