2 month deposit

[juergenw]

Following case:
1) Our 2 year lease ends end of May 2011
2) Last year the first landlord sold to a company and immediately
this company increased the rent by 30%.
3) They are holding 2 month deposit also.
4) We have informed them that we will dishonor the last 2 cheques for the rent & they shall use the deposit for this.
5) Today this very unpolite landlord called yelling at my wife that this is not possible - it is illegal......I do not think this is illegal as I am quite sure if we would pay the last 2 months of the lease it will be a heck of trouble to get the deposit back from this landlord. As this landlord was not willing to negotiate anything (on rent increase or on extension of contract) we shall we be so nice ?

[avengedsevenfold]

I think the deposit is there just in case you break something, damaged the apartment or decide to do a runner. As I understand, you would need to pay the rent until the end of your lease. After that's settled, they'll give you the 2 months deposit back. (Unless you get those annoying landlords who complains you broke/damaged something in the apartment and asks you to pay for the it using the deposit)

[bdw]

If you are going hold the last 2 months in this way, you probably should not have told them.

It probably is technically illegal, and its also not really the 'nice' thing to do. If you have had trouble with the LL over the last few years then yes I agree to do this. But if you havent, then I would pay the rent in full and get the deposit back the correct way.

Also, if you are dealing with a company, it should be much easier to get the deposit back than dealing with individual landlords.

[AW2007]

It should not be a problem. I have done this in the past with previous landlords and they have not complained too much.

[dipper]

1 & 2 you and the new landlord are both still protected by the existing lease so he has no more right to increase the rent than the existing landlord, it just depends whether the lease you chose to sign allows for that or not, nothing has changed from your position with the old landlord.

3 This is normal.

4 & 5 The short answer is he's right. Whether you still wish to do it on this basis is of course up to you.

Seems like you both need to calm down, doesn't seem like anything is going on that shouldn't be able to be sorted out fairly straightforwardly with a bit of common sense on both sides.

[virago]

I assume you paid the deposit up front and therefore 30% lower than the current rent which was agreed to by you and the new landlord. If this is true then you are not paying the agreed amount.

[bak875]

If you are going hold the last 2 months in this way, you probably should not have told them.

Agree with this. He will be on your case one day after the due date has lapsed.

[juergenw]

Wrong - after they increased the rent - they also asked to stock-up the deposit for that amount & we did so.

[dipper]

Seems you were advised correctly by others on the board when you last posted about the proposed rent increase. As far as it was described then there was no need for you to agree to a 30% rent increase as you had a fixed 2 year lease so I have no idea why you did.

http://www.geoexpat.com/forum/61/thread137565.html#post998605

[Drunken Master]

why did you pay the 30% increase? you are still protected by the existing lease.