Can't keep Contract commitment

[justthegodinme]

So. California: Ex-landlord and I agreed upon giving half of my income which is $1,000 a month signed contract to pay back owed rent. I made two payments, my lights, gas are in jeopardy of being disconnect. I can't make it to work due to lack of gas. My hours just got cut and I want to explain in a letter to landlord, I can't pay but $300 without stress on my household. Husband is ill, small children in home. I would like to know "can she keep my deposit until I pay all back rents? I know she can file a small claims case, but should I write her in details of the nature of my not able to keep my obligations? Are will this hurt me in court?

 

[disagreeable]

It sounds like the landlord wants to work with you. We don't know the particulars of your situation to know whether ll would accept a modification of your agreement. It is likely in your best interest to approach ll honestly, with proof of your decline in income.

 

[Michael Wechsler]

Here is the problem - the landlord may have mortgage payments, let's say $800 a month. You're supposed to pay $1,200 but have been modified to $1,000. What is the landlord supposed to say to the bank if you pay $300 a month because you've got stress? That the landlord is sorry but he's not paying the bank because of your problem? Of course the landlord can keep your deposit - that's what it is there for.

My point is that you've been given relatively good advice and need to know your negotiation limits. The landlord sounds sympathetic of your situation but is only willing to go so far - and understandably so. While there are children involved in this decision, the landlord probably does not feel it's his or her responsibility to finance you and your child just because you have problems. This means that you need to find a way to make this work or find an alternative plan where you can move out and allow the landlord to find a tenant who can make the payments. If you go to court, things will be worse. From what you say the landlord doesn't sound like he/she wants to go that route but if you will be living on their bank payments, you have to expect that this will be inevitable.

 

[justthegodinme]

Thank you for your response, I have moved out of the property leaving it in rental ready condition, painting inside of the house, cleaning carpet and making sure everything was in order and clean. Your right the landlord has been reasonable and hasn't taken this to court. There was No income for those months I could not pay. Landlord asks me to move and I put in my 30 days notice to vacate the property, in which I did, after the final walk through. I just received employment and am willing to pay the amount that I owe for the two months of rent. Landlord states she cannot return my deposit until I pay the two months. I am able to pay $500 a month, this is reasonable for my income, which was at the time of the agreement my income was $2000.00 in which she wants half of the income $1,000. Now I make $1,500, it's not possible for me to live on $500 for the month. I understand my landlord position, but if I don't have enough gas to get to work then, there's no job and that means no money. I have received help from friends and family members, food banks, clothing bank any mean necessary to handle both my landlord and my household. The landlord has not applied my deposit to the rents owed and that is my question is there a limited time that the landlord should submit the ex-tenant with an itemized deduction list of the deposit within a certain amount of time? And if so, what can I do to get that applied to the balance I owe? Again I'm working every area I can to keep paying $250 a week, I was only able to make it to work and I received $300 leaving me $50 its takes $75 of gas a week. This will only make my next pay less than want my landlord wants me to pay. So at want point do I say I can't keep this up this is insane. I just check to see if she rented the house and the house is rented! So want is the bottom line to this contract I signed and I can't make the payments she wants lack of money now, but I will keep paying as much as I can until I pay off the debt. I will give the landlord proof of cut in pay. I'm willing to continue paying but realistically I can only pay $390 -$500 a month until I can do better. Thank you again for your response I appreciate your advice. rent was $2,500 which I owe 2@2,500 $5,000.00 deposit was $2,500. I've paid $500 owe as she states it $4,500. first and will not apply deposit until she receive all the past rent is this legal?

 

[justthegodinme]

Thank you for your advice

 

[disagreeable]

http://www.dca.ca.gov/publications/landlordbook/sec-deposit.shtml

After 21 days, without being provided a statement of account, the entire deposit is due to be refunded. This does not waive your obligation to pay rents due, it negates claims for damages, as I understand it. Therefore, after the 22nd day, with no statement, you can advise landlord you deducted the $2500 from the balance due and only owe the remainder.

If provided a statement of account, I would advise her the law provides for the deposit to be applied to rents due and you are crediting it as such, when calculating the final balance.