What can we do if we are being harassed by our landlord for late payments?

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What can we do if we are being harassed by our landlord for late payments?

We have been living in our residence for about 4 years now with my 2 daughters, son-in-law and 3 grandchildren. It is a large house with 4 floors. For many reasons we have been late on our rent but have mostly paid within the 10 days. We have always been up front and worked and tried to work with our landlord. We haven’t had a lease since the first year. From the day the rent is due, he begins calling and calling. He will also call my son-in-law and most times will tell him that he never said the things he told me or my husband. I feel that we’re being harassed at this point. If we agree, can he use our security deposit to square up?

Asked on June 8, 2011 under Real Estate Law, Connecticut

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It is NOT harassment for a landlord to seek payment of rent on time. Whether you pay within 10 days or later doesn't matter...the landlord has a legal right to the rent when due. He may call the tenants or their families to seek paymet, as long as he doesn't threaten, make obscene phone calls, etc.

A different issue is that if the landlord agrees to work with you, to give you more time, etc., then so long as you honor the terms of that agreement, the landlord must honor it, too. So the landlord can't tell you it's ok to pay, for example, in five days--then dun you for the money after one day. That's a violation of the agreement he just made.

No, you may not use the security deposit to square up; that's not the point of the deposit or its purpose. It's there for end of tenancy damages or to make up for any unpaid rent still owed after you move out.


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