Collecting my security deposit from a landlord that is going bankrupt?
Here’s the my situation:
1. I am about to finish a one year lease on 6/30/2010. My landlord recieved from me security deposit equal to 2 months of rent
2. My landlord is in the process of loosing the house we live in and also another house where she currently lives. She had claimed in past phone calls that the reason she is not paying her mortgage payments was only so the bank would talk to her about modifying her loans, and that she has plenty of month on the side.
3. For the last 4 months the house has been offered in a public auction at the city’s but for some unknown reason every time the house is up for sale, its auction date gets pushed by one months. I have heard these are common cases that happen when the landlord still negotiates with the bank.
4. I tried to contact my landlord 2 weeks ago several times (wrote emails, left voice mails, sent text messages) and asked whether she will be interested in extending the lease on a month-to-month basis. She has not replied to any of my messages.
Her lack of response makes it pretty clear she is not interested in extending the lease agreement, and her financial situation makes me very worried about my two months deposit.
My plan is not to pay her for the month of June and assume/hope she won’t start an eviction process since she knows we will leave the house when the lease ends. This way I will save at least 50% of my deposit.
I was even thinking of emailing her and letting her know we intend to leave the house at the end of June and schedule time for a walk-out inspection.
The house is in mint condition and identical to how we got it when we moved in (I have this documented in writing and in photos) but I still think she will give me hard times and won’t pay me back my deposit. Any advise on how to collect my other 50% deposit?
Any other tip or advise?
Isn’t her financial situation, the fact that the house have been offered in auction several times, a reason for me to claim that she won’t be able to pay me back the deposit (anticipatory breach of contract)?