Is this a shady Landlord

Brettster · #1 07-26-2007, 08:33 PM

Something dosent seem right here but I could be paranoid.

I'm moving into a 4 bedroom house where one of the roomates is leaving at the end of the lease, I'am taking their place. The lease is up for everyone July 31st and I'm moving in Aug 1st and everyone is re-singing the lease amendum for another year. The landlord wants me to give the dude thats leaving his 1,000$ security deposit and he said he will write up a statement that I'am now owed the 1k from himself(landlord) at the end of the 1 year lease. When i asked him why dont you just give him the 1k, he said that its easier to just do an extension and you buy-out his lease. Which dosent make sense to me because the lease is up, why not just make a new clean lease.

XXXNoahXXX · #2 07-26-2007, 08:35 PM

get the letter from the landlord saying "landlord owes tenant brettster 1k security deposit" before you give the other dude his 1k. then you're all set.

or just say, i dont care if this is a little easier, i want it all in my name.

Brettster · #3 07-26-2007, 08:43 PM

Do I need that letter notarized or just formal and signed?

XXXNoahXXX · #4 07-26-2007, 08:45 PM

[ QUOTE ]
Do I need that letter notarized or just formal and signed?

[/ QUOTE ]

signed is usually fine, but im no lawyer.

definitely make sure everything is in your name, etc.

udbrky · #5 07-26-2007, 08:47 PM

I'd get it signed and dated. I don't think notarized is necessary, but definitely in writing and dated and signed.

ChromePony · #6 07-26-2007, 08:50 PM

Interestingly I am in the exact opposite situation as you and my landlord is saying the same thing. I'm leaving and she is having the new roommate pay me their portion of the security deposit, she says that the deposit has to come out all at once or something.

Anyway, at least one other landlord in the world does things the same way.

Brettster · #7 07-26-2007, 08:51 PM

I think I like your 2nd idea better noah, just tell him get a new lease and we all sign it. It just raises some flags for me because a new lease dosent really take THAT much longer to do.

udbrky · #8 07-26-2007, 08:56 PM

There might be some logistics that they have to do, i.e. inspect apartment, assess any damages, if a larger rental management company, take a couple weeks to get checks cut. Maybe someone knows how they do the payments? I know I had to wait for mine before, for a couple weeks.

KJS · #9 07-27-2007, 03:57 PM

Make sure you give him money yourself! I had a friend who sued his landlord for some shady deductions to a security deposit that was rolled over like this. The judge said very clearly that the deductions where a crock, but since the guy could not prove that he had ever given the landlord money for a deposit directly, he could not rule in the tenants favor.

Make the landlord do a full inspection and refund everyone's deposits. Then sign a new lease with new deposits.

KJS

z28dreams · #10 07-27-2007, 04:49 PM

My suggestions:

Definitely get it in writing that the deposit was paid to the landlord.

Also, go take pictures of anything possibly wrong with your place before moving in.

Now, make a copy for your records. Next, put the originals in an envelope and mail it to yourself REGISTERED mail.

By doing this the date on the letter will hold up in a court of law from what I understand.

Hope this helps

-Z