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LMK2011

Junior Member
What is the name of your state (only U.S. law)? PA

We rented our unit to two individuals with one contract. A few months into the rental, the one roommate moved out. We had a verbal agreement with the other roommate that if she paid the ex-roommate's security deposit she can maintain the rental agreement. She had agreed to it and via email asked about the Pet Agreement fee being reduced since one of the pets was leaving with the ex-roommate. We agreed to the lower amount.

Now the past two months, the remaining roommate has been late with her rent. We sent her a bill via email for the late fees due for the first month. She has not yet paid that.

She emailed us on the day that this months rent was due (March 31) and indicated that she could not pay us yet for April and that we were to use her security deposit for her rent and then when she paid us, that amount would replace the security deposit. I emailed her back indicating that the rental agreement does not allow you to use your security deposit in this manner. She informed me that the original agreement is no longer in affect since we had made so many changes.

She just today paid only the original rent amount with no late fees for either month. I had sent her an email with all the funds due yesterday including clarifications of all late fees due.

She is moving out at the end of May. But I'm concerned that she will not pay her May rent on time again. And she will not pay the late fees due as well.

Is she still legally bound to the original agreement? I do have emails from her indicating that she will remain with the change in the amount due. Her maintaining the lease agreement in just her name was a verbal agreement with the fact that she would be responsible for the security deposit due to the ex-roommate which she did pay.

Sorry for the duplication. I didn't mean to close the first posting. I thought the closed box was to close the window. Duh.
 


sandyclaus

Senior Member
The original rental agreement never went out of force, you only modified it with the changes you both agreed to. The amount of rent never changed, nor did the assessment of late fees for untimely payment of that rent.

It seems to me that the tenant is making assumptions that aren't true. You probably would have been better off summarizing the changes that you both agreed to in writing so that you could both sign off on it.

Absolutely DO NOT allow her to use the security deposit for her rent. It sounds like you may need to use it for unpaid fees anyway, which you can legally deduct from the security deposit at the end of her tenancy.
 

LMK2011

Junior Member
Thanks

The fun part is....she's an attorney. I think she is using her knowledge and her assumption that I don't know the law to her advantage. I had others tell me that the legal binding of the contract is in place too. I just keep billing her for the late fees.
 

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