Rete

If you have two months security then move out at the end of December, don't pay the two months rent and allow the security to be used for that. Take pictures of everything in the house. Note and have verified by say a neighbor that the electrical outlet does not work, there are plumbing issues, etc. Do you have before and after pictures of the new flooring? If you are not taking the carpets then photograph them and retain the receipt as proof that you have maintained and improved the house.

He will either take you to small claims court or ask his attorney to write you a letter. At that time you pull out the big guns and air your complaints with his disregard of his end of the lease and the compliance and beyond of your end of the lease.

Brat1

My worry is Rete, is I stop paying rent, technically I'm breaking the lease. Yes, he could hold my security, but I'll still be liable for the utilities, and if I move out and theres a problem with the pipes like last year (they froze twice because there's no lagging round them or any time of insulation where their located), I'm still liable. Unless I force the issue with the health department to see if he'll back down any, I don't see any way out apart from trying to find the extra cash to keep paying for here and the new house. We originally asked for a closing of Feb 2nd to stop all of this, which I know is asking a lot of the seller, but due to the circumstances of her illness, that is no longer an option, which is very sad for her

bevinva

Have an inspector come out and identify all the things you need to have repaired in writing. Show this to the landlord and let him know you are aware of all the legal channels you can go through and his rent will be deposited with the courts. Then remind him that you would like to break the lease and move out and if he will agree to that in writing you won't do that and he can make the repairs when you move out. I wouldn't present it to him until right before November's rent is due, make sure you leave yourself enough time to exercise the court option.

Rete

Typically here in NY no one pays the last month's rent as our one month security is used for the last month's rent.

If the pipes freeze how are you liable? Pipes can freeze while you are living there. They did to my daughter. Woke up one morning to find that one of the pipes had burst.

At the time of leaving the house, you send a letter by certified mail, return receipt requested or if you want it there speedily, then use USPS or Fedex to send it next day with signature and a copy by regular mail. Any means of arrival as long it proves a signed receipt of acceptance by the addressee.

Advise him in the letter that you have vacated the home as of 12/31/2011. He is to use your security as payment of the last two months' rent. Further advise him that due to physical injury to your husband's foot, you have taken up and refloored the hallway which was originally covered with broken slate tiles. Enclose a copy of the receipt for the flooring.

Next you state how you further improved the home by carpeting such and such a room and enclose a copy of the receipt for the carpeting.

The letter can say something like this:

We have vacated your rental home at XXX on December 31, 2011. You have made us aware of your financial difficulties which rendered you financially unable to make improvements to the rental home we occupied. In an effort to be good tenants, we have taken upon ourselves, with your approval, the financial burden of updating parts of your rental home, for both yourself and your future tenants.

Rather than to ask for reimbursement of our expenses to improve your property, i.e. carpeting, reflooring, we wish to leave as good tenants and hope that you will accept our two months security which are you holding in an interest paying escrow account be used to pay the remaining two months of our lease. Pictures have been taken of the empty premises as proof that we have left it in good and usable condition.

We are hoping that this meets with your approval.

Brat1

Thanks guys, I'll take on board everything that you've suggested

Nutmegger

Great advice from Rete. I would add that, you tell the utility companies the last date that you will be responsible for the electricity/oil/whatever. They will probably find the name of the landlord on file to send bills after that date to him, and if not I'm sure you can steer them in the right direction! You can have the last bill for the rental sent to your new address (you'll be initiating service there anyway).

Brat1

Thanks Nutmegger, but am I still not responsible for the utilities until the end of February legally, since we're in breach of contract, technically??

Rete

You have the utilities turned off. I can't imagine that you signed a lease stating you must provide utilities, i.e. electric, gas?

Brat1

No, the wording Rete is that we are responsible for all utilities, snow clearing, lawn maintenance etc.... does that mean that we can get them turned off when we move out then. If that's the case, I think this is the most sensible route to take and tell him to stuff his deposit and keep it for Jan/Feb rent. I hope he can't get another renter because I know it sat empty for a long time before we moved over here, or maybe he decides to sell it and he doesn't get a buyer..... is that being a tad bitchy does one think

Nutmegger

Well that's a clue -- many landlords are happy when someone moves out early, as they can up the rent! If he's trying to hang onto you, he's obviously aware of the bad condition of the premises. As has been suggested, just document the conditions in the house and what you have done personally to alleviate them, and restrict your contact with him to return receipt/certified mail. Turn off the utilities and leave with a clear conscience! If you pay him to the bitter end he's going to come up with an excuse not to return your deposit whatever you do.

fatbrit

He has a responsibility to mitigate his damages. If a pipe freezes and bursts in January flooding the place, it's going to be difficult to blame you for not being there if you've already told him you've moved out.

Brat1

Thanks guys, sounds like a plan. Intimate him in writing that we are vacating the premises on December 15th, as previously agreed, he can use the last 2 months rent from the security and tell all utility companies that we are moving out on such a date. Not a nice way to end this relationship, because apart from the maintenance issues, we have always got on well. This is a big lesson for me, yet again, as I had him totally wrong, just even the response to our request, the way he answered was not the usual nice way we correspond, very to the point etc. Anyway, thank you for all the sound advice as usual, lets me put it in to perspective and we can move on from here

penguinsix

It is very common for many people to use the security as "last months rent" and many landlords just let it slide, but if your landlord wants to they can go after you. You see, it's not for the last month, it's for damages in the house. You signed a contract stating as such and that you would pay rent until such and such date. The moment you fail to do that, you are in breach of contract and the landlord can take you to court (difficult) or report you to the credit bureau (easy).

http://www.thelpa.com/lpa/what/whattodo5.html

Double check your lease. Most landlords have started adding clauses specifically saying that last month's rent is not the deposit so you'll want to check on that.

Rete

Granted I've been renting my apartment for 35 years but it is clearly stated in the lease that I originally signed back there (yes, I still have the lease), you had to give the first and last 2 months' rent. Nothing was noted that it was for damage to the property, however, that was a given. Today the law has changed and you must give the first and last month's rent (instead of two).

When I do move, my last two months rent which is in an interest bearing account as per the law, will be used as my last two months rent.

By taking steps to itemize what Brat has done to upgrade the house and the repairs the landlord has not taken care of, she should not have a problem. If anything, if the landlord uses an attorney to collect those two months rent, she will be able to counter the attorney's request by producing receipts and photos showing what they have done to upgrade the house and in turn ask for reimbursement of their costs, including labor, as well as asking for a check for her two months security deposit which she can then countersign over to the landlord for the last two months' rent.

bevinva

When the lease says you are responsible for utilities it means you pay for what you use when you live there. In a certified letter state when you will be having them shut off and tell him to get them in his name to protect himself from weather related damage.