Pay last month rent

[Dontknowwhattodo]

What is the name of your state? Rhode Island

So, we are in a little bit of a pickle:
Our lease expired the end of June, but since our future home was not finished, we had to extend our lease.
Our landlord was not very happy and sent us a note to vacate the property by the end of June.
We were able to pay July’s rent, but unfortunately had to notify her again, that we had to extend another month the middle of July.
We then received an email from a lawyer stating that we could stay until the end of August, if we stop running a business out of the house (which we don’t) and pay August rent by check instead of electronic transfer. He would also send us all this info by mail, which never happened.
Anyway, the story also has a bit of a background:
The house we are renting is older and had a few issues along the way. We were always willing to work with the landlord and also repaired some things ourselves. But when we pointed out that water was coming I to the basement, the landlord became really upset and suggested that we move since she was not going to do anything about it.
We did not want to cause a big fight, so we told her we would love when the lease is up since we are living in a tough rental market for tenants. She also stopped all ongoing repairs, so that we had to live with an unfinished bathroom and exhaust fans that let air from the attic in and can’t be used since they just suck the insulation into the bathroom and a few other little things.
Now that we had to overstay, we are afraid that we might not get our security deposit back. We always took very good care of the house and don’t want to get punished for no reason.
Is it better to pay last month rent and then fight for the security deposit back?
We are so lost. Any advice is appreciated.

 

[adjusterjack]

Is it better to pay last month rent and then fight for the security deposit back?

In a way it's better.

A security deposit is not rent. If you don't pay the rent within 15 days of the due date the landlord can serve you with a 5 day "pay or quit" notice and file for eviction through the courts.

https://law.justia.com/codes/rhode-island/2017/title-34/chapter-34-18/section-34-18-35/

You might think "well, that's fine, probably takes us to the end of August anyway."

True, but the problem with that kind of thinking is once the "lawsuit" (an eviction is a "lawsuit") is filed with the court it becomes public record and ends up on your credit report for 7 years. Think about the consequences of that for a while.

If you pay the rent when it's due, and the landlord fails to comply with the security deposit statute, you get to sue the landlord in small claims court.

https://law.justia.com/codes/rhode-island/2017/title-34/chapter-34-18/section-34-18-19/

Better to put the landlord on the defensive than you be on the defensive.

By the way, all that stuff about the condition of the dwelling in the past, irrelevant with what is going on now because you had remedies available to you in the past that you didn't do anything about when things happened so you don't get to bring them up now. If they come up in a security deposit dispute, you'll just have to prove that you didn't cause them.

 

[Dontknowwhattodo]

Unfortunately I have to agree with you.
We did not go after the landlord then, because we did not want to make the situation any worse. Our mistake and learning experience for the future.
Luckily, we made sure we documented everything.
Thank you for the advice! Sometimes frustration canals you act irrationally!

 

[FarmerJ]

Do not forget to take a lot of pictures of the homes condition before you vacate, you will want to take pictures of normal wear and tear , items that LL did not repair that you did not cause, items of things where wear and tear was sped up because the LL didn't complete repairs and lastly pics of every thing from the insides of cupboards, closets, toilets, tubs, drawers, oven, fridge and even the walls and flooring. for your records.

 

[Dontknowwhattodo]

Do not forget to take a lot of pictures of the homes condition before you vacate, you will want to take pictures of normal wear and tear , items that LL did not repair that you did not cause, items of things where wear and tear was sped up because the LL didn't complete repairs and lastly pics of every thing from the insides of cupboards, closets, toilets, tubs, drawers, oven, fridge and even the walls and flooring. for your records.

We will definitely do that!
Thank you for the advice!

 

[reenzz]

Holdover Tenant Law in Rhode Island....


If the tenant continues to stay in a rental unit without the consent of the landlord after the rental term is legally over, or after the date either the landlord or tenant has previously given in a legal notice as a termination date of the tenancy, or due to a breach of the tenant's obligations concerning drugs, controlled substances or acts of violence, the landlord may start an eviction action. This action may be taken in the local district court as of the first day of the unlawful holdover by requesting and filling out form section 56e of the "Act", entitled, "Complaint for Eviction for Reason Other Than Nonpayment of Rent." The section 56h summons that will be sent to the tenant with a copy of the complaint will provide 20 days from the date served for filing an answer. After this time, a hearing will be held and the court will make a decision on the eviction. The tenant may be evicted and fined up to 3 months rent and attorney's fees if the court finds the tenant's failure to move was willful (see definition on page 2) and not in good faith. A landlord could use this procedure to evict if a roommate or someone else who was not involved in the rental agreement continued to stay after the original tenant left.

 

[Dontknowwhattodo]

She just send us a notice that we have to vacate the premises by September 1. Do we still count as a holdover tenant since she is allowing us to stay until then even though the lease ended June 30?

 

[adjusterjack]

Do we still count as a holdover tenant since she is allowing us to stay until then even though the lease ended June 30?

No. You are there with permission of the landlord.

 

[Dontknowwhattodo]

No. You are there with permission of the landlord.

Thank you. All this legal mambo Jambi is making our heads spin!

 

[Dontknowwhattodo]

No. You are there with permission of the landlord.

Just out of curiosity:
Would that reinstate might rights as a tenant to complain about repairs?

 

[Zigner]

Just out of curiosity:
Would that reinstate might rights as a tenant to complain about repairs?

There's nothing to "reinstate". The LL still has to follow "da rules".