Not paying last months rent

lazlo · 01-09-2009 4:34pm #1

My girlfriend and I are in financial difficulty and we are leaving our current residence at the end of september. We have paid deposits and first rent for our new apartment in the belief that our deposit would cover our last months rent here. Our landlord is demanding his rent and we have no way to pay at the moment. Can he evict us in this last month on this basis? Or can he take us to court over it?

GerardKeating · 01-09-2009 5:20pm

lazlo wrote: »

My girlfriend and I are in financial difficulty and we are leaving our current residence at the end of september. We have paid deposits and first rent for our new apartment in the belief that our deposit would cover our last months rent here. Our landlord is demanding his rent and we have no way to pay at the moment. Can he evict us in this last month on this basis? Or can he take us to court over it?

Most all leases specify that the deposit cannot be used to pay for the last months rent, if this was allowed they would effectly be no security deposit.

The normal order of things is that you paid the rent as normal and after you leave, the (now) former landlord inspects the vacated property for damaged and returns the deposits.

If you do not pay the rent, the landlord is entitled to seek your eviction, but it would take more than the month left on the lease. The only thing he can really do if give you a sh1ty reference..

lazlo · 01-09-2009 5:21pm

GerardKeating wrote: »

Most all leases specify that the deposit cannot be used to pay for the last months rent, if this was allowed they would effectly be no security deposit.

The normal order of things is that you paid the rent as normal and after you leave, the (now) former landlord inspects the vacated property for damaged and returns the deposits.

If you do not pay the rent, the landlord is entitled to seek your eviction, but it would take more than the month left on the lease. The only thing he can really do if give you a sh1ty reference..

Can he sue me for breach of contract?

Victor · 01-09-2009 5:23pm

lazlo wrote: »

Can he evict us in this last month on this basis? Or can he take us to court over it?

In theory he can do both. As you are in breach of contract, there is an accelerated mechanism (14 days) for giving notice and having you removed from the place.

Any evict needs to be done formally - he can't just throw you out.

Can you give him any money, just to show your good intentions?

AARRRGH · 01-09-2009 5:27pm

I've had flatmates who try to use the deposit for their last months rent. It's a pain in the hole as they could damage the apartment before they leave and I'd be left with the bill.

The fact that you have financial difficulties is irrelevant. And in reality we all know you can scrape together the rent from somewhere (e.g. loan from family member.)

Do you have a lease, or are you sharing the apartment with someone?

lazlo · 01-09-2009 5:34pm

We have a lease, and if I gave him the 170 euro I have I wont have much in the way of food for the rest of the month. The place is in perfect nick and I had even suggested an early inspection to show that there would be very little risk in shunting the deposit as the last months rent.

What penalty could I face if taken to court?

I do have a lease but it has gone missing in the year that I have been here. And it is my name thats upon it. I never thought this would be an issue as the deposit was permitted as the last months rent in my last three residences.

AARRRGH · 01-09-2009 5:39pm

I doubt he would take you to court, and it's hard to kick leaseholders out of a flat (certainly it's difficult to do it within one month) so you'd probably be fine, but you're being difficult and annoying.

Victor · 01-09-2009 5:40pm

lazlo wrote: »

What penalty could I face if taken to court?

Its a civil matter, so any rent owing, plus legal costs (several hundred to maybe a few thousand).

Cantab. · 01-09-2009 6:26pm

I'd try not to worry about not being able to pay the rent. Your priority is to sort out your financial circumstances and tell the landlord you'll pay him when you can. The most important thing is that you have a roof over your head. He can't kick you out on the street. And besides, if you're in the landlord game, you have to take account for these inevitable situations happening. It's all factored into the rent. If everybody paid their rent on time, rents would be much lower.

mcaul · 01-09-2009 6:35pm

In theory the landlord could take the case to court, but if the house is left in good condition, and all utility bills paid, then by the time he could do anything you would be in your new home and the deposit off set against any monies due to the landlord.

No solicitor would advise proceeding with a case in that circumstance.

Best way is to write to the landlord, explain your financial situation, assure him that all bills will be paid and that the hosue will be left in good order and ask if the deposit can be offset against the final months rent.

When leaving, take some photos of each room "just in case".

p.s. - The retail market has started to lift over the past few weeks, things just might be looking up quicker than many think.

athtrasna · 01-09-2009 11:18pm

A lease is a lease...it is your responsibility to comply with your side of it. I don't know any landlord that would agree to have the deposit used as the last month's rent...they would be totally foolish to agree to it. Your circumstances (unfortunate as they may be) should not be the landlord's problem.

Not paying last months rent

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