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| Keeping security deposit |
| Posted by: IrishDMBF |
| Date: June 27, 2006 01:57:16 AM |
| We signed a lease with our current landlord. We told them we want to move out before the end of the lease. They have found someone else to move in as soon as we move out. They say they won't give us back our deposit
Since they have found someone else to move in who will pay a deposit shouldn't they give us ours back minus any reasonable damages??? We never got a copy of our lease from them |
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| Re: Keeping security deposit |
| Posted by: Ed |
| Date: June 27, 2006 10:23:11 AM |
| They are NOT allowed to keep the deposit under the circumstances you described - new tenant moving in as soon as you move out. Send them a polite letter requesting a FULL refund of your security deposit once you have moved out. If the new tenants move in later than when you move out, the LL can deduct from the security deposit the lost rent for each day it is empty. Otherwise, they can only deduct damages beyone normal wear and tear. Request a walk through in WRITING along with your request for the full deposit. Save all copies of these written requests. If they don't return the security deposit within 30 days from when you vacate, sue them in small claims court - in some states you can sue them for more than your deposit if they don't give you an accounting of the reductions to your security deposit. Good luck! |
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| Re: Keeping security deposit |
| Posted by: Laura Ingram |
| Date: September 03, 2006 04:57:49 AM |
| My landlord is refusing to return one half of my $700 security deposit because she claims I did not maintain a 15 x 10 area of weeds she calls a side yard. She says there are sprinklers under the weed patch which I never knew existed. when I moved in the weeds were about 12" tall and I used a weed whacker twice to control them. the landlord passed by the mobile home regularily to feed her horses and maintain their stalls and never mentioned anything about the "side yard". now she says because I didn't water regularily she will have to plant sod with my $350, claiming there was a lawn there before. I don't have pictures to prove there wasn't. Is she entitled to do this? Thank you for your help. |
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| Re: Keeping security deposit |
| Posted by: Ralph |
| Date: September 03, 2006 03:30:39 PM |
| Did your lease agreement mentioned maintenance of the side yard? If so, it might depend on what the lease says. If not, I doubt that a judge would let her get away with it. File suit in small claims court (or equivalent court in your state) for any amount not returned. |
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| Re: Security deposit |
| Posted by: Lily |
| Date: September 15, 2006 11:13:31 PM |
| I live in NY state and have been renting my apartment for over 9 years. I paid a 2-month security deposit which was $1,900. He has raised my rent 4 times since then. I am now planning to move out by the end of October and gave the landlord notice. The lease does not say anything about how the security deposit will be returned. I asked the landlord if I could "live out" the security deposit. He said I have to pay full rent and he would give me the security deposit back after I handed him the keys. He was very unreasonable and combative. I do not trust him to return the deposit. I am prepared to have them inspect the apartment and deduct for some normal wear and tear but I am concerned that they will refuse to return the deposit on account of the condition of the carpet. The carpet was filthy when I moved in and the landlord has not replaced it or painted the apartment in 9 years. I was in no position to make demands when I moved in so I had to live with it. I have had the carpet steam cleaned several times and have also painted the apartment with my own materials etc. Now the landlord is threatening to start eviction proceedings against me because I did not pay the total rent but the balance of one month rent minus one month of the security deposit. The lease says I am responsible for his legal fees.
Do I have any options or do I pay the total rent and sit back and hope that he returns my $1,900? Any feed back would be greatly appreciated. Thank you. |
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| Re: Security deposit |
| Posted by: Ralph |
| Date: September 16, 2006 02:01:29 AM |
| The landlord is correct in requiring you to pay the last month’s rent. This is usually explicitly stated in lease agreements and some states have laws requiring this even if not covered in the lease. The exception would be if the amount was clearly stated to be for last month’s rent rather than being a deposit.
The landlord can certainly evict for non-payment of rent and the judge might also award legal fees if in the lease agreement. Having an eviction on your record can make it difficult to rent decent housing from any landlord who checks eviction records. If the landlord obtains a judgment against you for money damages, this will appear on your credit record for many years and affect you ability to rent or obtain credit.
The condition of the unit at the time of moving in would likely be considered irrelevant at this time by any judge. You should never accept a unit that does not meet your standards unless you are willing to invest time and energy without expectation of the landlord taking it into account. All problems need to be settled before you sign the lease and any promises by the landlord to fix unacceptable things should in writing and signed by the landlord.
The landlord can charge for cleaning, repairs, or replacements necessary to return the unit to the same or better condition as when you moved in. You cannot be charged for normal wear and tear. Hopefully, there was a move-in checklist that showed the condition at move-in and you took photos or had a witness who will confirm its condition in case the landlord tries to charge your deposit for things that he shouldn’t.
From what you said, I would think that you should not be charged anything for cleaning, painting, or carpeting unless you actually damaged walls or floors. If you disagree with any charges that the landlord makes against your deposit, file a lawsuit in small claims court (or equivalent level court in your area).
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