I received a 30 morning spy to vacate, dealine is 12/31/07, as of today,?
I still didn't find a place to move out yet Now I receive a audible range notice. From the identify, the landlord is asking for rent from 11/1/07 to 1/31/08. I salaried the rent for the month of November, I have tally to prove that, also, I still have a month of deposit which head me owning rent for month of 1/2008 only, how can I brand a counterclaim against the landlord minus a lawyer? I live contained by Brooklyn, New YorkAnswers: You have no counterclaim, you are squatting contained by his property. GET OUT! You owe December and January rent PLUS court costs, attorney fees AND you are going to lose your deposit because I'm sure you are not planning on leaving the place the method you found it.
Edit:
The court action is probably the eviction proceedings individual started. The November rent may just be a mistake ... but ... why are you still near? You were given proper 30 days distinguish and you did not go. You presently have to payment for your own eviction.
Ok, bring your receipt for Novemeber's rent to the audible range.
As far as December & January rent - you owe it.
The security deposit cannot be used for rent - it is to be used for damages upon move out. If within are no damages or rent owed, the landlord must return it.
You hold no counterclaim to make. You are owed no money at this point.
The with the sole purpose issue that you have to dispute is that November's rent is rewarded.
You do not need an attorney. Just state the facts and own your evidence to back up your claims.
The deposit that the manager is holding is to be used for damages only. You are prohibited to use it towards rent, without consent from the proprietor.
As for the vacancy, you want to consider yourself fortunate. The landlord could enjoy had the Sheriff serve you. They would enjoy given you a few minutes to get everything out, or turn to jail for trespassing. By directive, (unless you have a signed lease), the manager has every right to evict you.
Because you are still in attendance, you owe December and January. Get out before the stop of the month, and you won't owe February as well.
First it depends if you hold a lease agreement. It may state that you can not use your deposit for rent. And there may be other vocabulary involved like slowly rent fees, breaking the lease, failure for become aware of to move, filing eviction near the court.
The fact that you compensated November means nought if you incurred late fees (that November rent would own been used to pay cheque them first).
Its better to move leave the place verbs, undamaged & make arrangements for any fees due. Believe me an eviction will follow you where on earth ever you go. It may even stop you from adjectives home purchase or renting.
I know this..because I work for apartment complexes before.. Evicted various.
Just pay your rent prompt every month, give proper observe when moving.
Good luck
You can't use your deposit to pay December's rent. You owe for Dec & Jan. Your deposit will be returned to you minus any damages, cleaning, etc the manager claims. As long as your still there receive sure there is a hoof it through so he can't claim damages that aren't there
I entail to break my lease.?
I lost my job two months ago and I am moving to a place where on earth my family is paying my rent. They can not wages the rent at my current place because it is a lot more expensive. I inevitability the best idea of how to break my lease legitimately and without penalities ?Answers: I'm surrounded by the same situation. I broke a lease a few years ago. They freshly sent me a bill and that was that... but i be renting a house.
I'm renting an apartment now and i lost my situation and can't pay this much anymore. So i can't stay until october. They said at hand was a lease break payment of $1,818 .. plus 60 days rent .. plus any damages. A total of $3,000 something. My mom works with the courts and she said that would never hold up surrounded by court. They can't charge me if i'm not living there and the courts will see that i have no choice. She works with tenent law.
Good luck.
Snark is correct.
There is no way for you to break your lease lacking penalty.
Generally, the tenant can hold you liable for the rent until either a replacement tenant is found or your lease expires.
With solitary 2 months left, you enormously well could be held liable for the remainder of your lease occupancy.
Also, the landlord can hold you liable for any costs that are incurred due to your breach, such as promotion costs, etc.
Since the lease is a legally binding contract, the hotelier can report the rent debt to the credit bureaus without a court sensitivity. The debt owed will stay on your credit report for some time. Future landlords will see that you stiffed a previous landlord when they run your credit. Instant rejection.
The proprietor can sue you in Small Claims court and go and get a judgment against you. Judgments can be renewed for 20 years, so it will stay next to you for a long time. Future landlords will see the judgment on your credit report and also surrounded by court records via a ackground check. Instant rejection.
Once the hotelier has a taste, he can garnish your wages or mound account or put a lien on any personal property that you may purchase inwardly the next 20 years.
If you attempt to fashion a major purchase, such as a house or vehicle, the lender can deny you unless the debt is satisfied.
Is it possible to qualify for a mrtg, if spouse is not on it-just as addtl income?
My spouse wants to sign on a mrtg near his mom so that she can qualify, but I am also trying to get a home. Can you simply claim your husbands income as addtl income even if they are not on the mrtg with you, so that you can still use your combined income?Answers: The short answer is if you want to include his income, he have to be on the mortgage. You cannot claim your husband's income as additional income and not own him on the mortgage.
To use your husband's income, you have also enjoy to include his debt which will include his mom's mortgage.
good luck!
If you claim his income be prepared to also claim his liability including the mom's mortgage he just signed up for.