I've been renting a room in a house, for about the last eight months. I did not sign a lease at any point with this landlord. I did give a security deposit, or last months rent whatever you want to call it, a couple of months after I moved in. The landlord never gave me a bank statement showing me that the security deposit(or last months rent) had been deposited in an account separate from his personal account.
Anyway, I gave notice and told the landlord to keep the security deposit as 30 days notice, so the rent is paid for the next month. However, I suspect that the landlord spent the security deposit and does not have it any longer. Anyway, the landlord is threatening to take me to court over this, claiming I didn't give 30 days notice. He is also demanding that I pay the next months rent.
The whole thing seems stupid, if the landlord has the security deposit why doesn't he use it for the last months rent? I did this often in the last city I lived in when I changed apartments, I was never threatened with court. If he does have the security deposit, it seems ridiculous to pay rent for a month when I've moved out and then have the landlord pay me the security deposit at the end of that same month.
By the way, the landlord has sent me very abusive emails and voicemail messages, completely out of line, which is one of the reasons I'm moving out. This landlord has also demanded that rent be paid early, sometimes two weeks before it's due. I've saved a couple of the voicemails and have all the emails. If I do go to court, would the abusive behavior of the landlord, which I can document to some extent, have any effect on a decision by the judge?
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Editor's Response
Yes, most of these questions are answered in other places on the site. However, let me emphasize a couple of points. The landlord does not want to apply your security deposit to the last month's rent because he wants to maintain those funds for nay repairs that are necessary. If you do not pay the last month's rent, the landlord's best course of action is to immediately serve you with a 14 notice to quit.
However, if the landlord did not follow all of the requirements for taking and keeping a security deposit, it will be very difficult for him to use it make repairs. For example, if he did not give you a Statement of Apartment Condition at the beginning of the tenancy, then he has no way to prove what damages you caused and what damages existed at the beginning of the tenancy. For more informtion about your situation, visit our Massachusetts Tenant Law Discussion Forum.