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Pref I want to be in the countryside close to a small town.
Additional Details
I was told virginia is nice and has rolling hills and not too cold in winter and hot in summer.... |
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Additional Details
but i ddint sign the lease so how is he going to prove that i lived there?????... |
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karen a | Does my landlord want to keep my deposit? |
we rented a house only for six months, no lease, no papers at all. The house was pretty old, but it was in good condition and some minor things that needed to be fix.
We will be moving out this june, I heard some rumors about my landlord keeping tenants deposit money.
Now, we were alarmed, we gave him 325 deposit, For the last rent my husband only gave 520, plus the deposit 325 will be the total amount of rent 875.
Now the landlord called that it is not acceptable because the security is for insurance if anything damage in the house. We lived six months in there and we never damage it infact we make it look better. Im scared that my landlord may want to keep the money. They say they always find something bec they want to keep the money. The carpet was old and he might say we stain it, it had a mark of iron, we never have iron.
Should we give him back the security? if we are in the court who will win? no papers being sign |
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Elsa D
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It is hard to say who will win. We are talking a couple of bucks here, I doubt it is worth to either of you to go to court over this.
He has to prove repairs, and receipts are proof.
You would have to prove do damage, and lots of pictures would prove that.
Families can tear a place apart in 6 months, a short time frame is not a good argument.
Hopefully you have some pictures that show the carpet was less then wonderful. |
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bostonianinmo
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You may NOT apply the deposit to the last month's rent. PERIOD! You can be evicted for non-payment of rent for pulling that stunt.
The issue on refunding the deposit when you move out is totally separate. You should have done a joint inspection at move-in and do one when you leave. That avoids any surprises. Your landlord generally has 30 days to refund your deposit or give you an accounting of any deductions from it and refund the balance.
Pulling that stunt with the rent is likely to make him more critical at move-out, especially if you didn't do a joint inspection. |
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bull_rooster_aardvark
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First off $520 plus $325 is $845, not your rent of $875. Beyond that, he is legally right, but its not clear whether he will go to the hassle to get the deposit (of taking you to court, etc).
If you refused to give him the extra money, here is the worst case scenario. After you leave he says there are some damages and takes you to court. The judge sides with him and gives him a judgement for percieved damages. If you pay him fine, but if not he really can't enforce the judgement but he can report it on your credit and your credit is hurt for years to come.
Anyhow, the law is on his side but unless he can prove damages in court it won't help him. If he does go to the hassle of taking you to court and wins he could report this on your credit - so their is some risk to you. |
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forevermemorable
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First of all, the last month's rent and the security deposit are two different things! The landlord cannot take your last month's rent and apply it to the security deposit! Its against the law!
In regards to the $325, this would be applied to how well you kept the condition of the place when you first moved in. You are exempt from some normal wear and tear on the place, but if there is damage to the walls, carpet, etc., you will be responsible. In regards to the iron mark in the carpet, you will probably be responsible for that for one reason: 1) No notes were given to your landlord when you first moved in. Before you move into any place, you should take a thorough inventory of noticeable problems to the unit/home. Be as precise as possible.
In regards to not signing any type of papers, this won't matter too much, because it was agreed upon that you should give a security deposit and the judge will follow the rules about security deposit.
It probably wouldn't be worth your time to go to court for $325, unless the landlord is really stingy. My best advice is to wait until you move out and see what he/she refunds you. Good luck! |
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bianca b
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if you still live there take pictures of everything before you move(preferably empty rooms), take pics of defects and stuff that you fixed. take pictures of everyroom. if you think everything is about the same as when you moved in then he shouldnt take all of the dep. even the yard garage anything take pictures so if you do go to court youll have proof of what condition the house was in. plus if you did anywork on it have receipts. it will be in your favor, depending on the stae you live in, because no lease was signed. as far as adding the dep to the rent, you cant do that rent and dep are separate. |
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morph
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you, it will be like it never happen, if he doens' t have any contract you can actually walk out and not pay anything,,, he has to prove you reach an agreement and that you agree to it,,, no paper his loss... |
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DGB
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I am a Landlord, and do not keep deposits just for the sake of making more money. However, I never allow anyone to move in without a written lease and prior "move in report" which indicates the condition of the overall rental space. Since you do not have a written agreement with the landlord, I would not give him any additional money other than the rent you owe. A verbal agreement is legal, but will not stand up in a court of law. Most courts and judges tend to lean much more in favor of the tenant (recent changes in the tenant/landlord act of 2007.) I would not give your landlord a dime more than what you owe. Since there are no before and after photos, it is your word against his. In the future I recommend that you make sure you have a lease, it is protection for you as well as the landlord. This will be a good lesson for an incompetent landlord; maybe he will get a lease prepared for his future tenants. Don't fret; you won this one! Congratulations!!! :-) |
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The Girl is Trying
 |
Oh my goodness, you should be watching People's Court! These cases come up all the time.
The law says that deposits and rent are seperate. You can tell your landlord just to keep the deposit as a substitute for your last month's rent. That is against the law.
I'm sorry that your landlord has that rep but there is really nothing you can do about it if you want to stay on the legal side of things. Here's what you should do to be sure that you stay within your legal rights.
1. Make sure that you've given him 30 days notice that you are leaving (even if you don't have paperwork it is assumed that this is a month to month tenancy).
2. Take pictures of the condition of the house when you leave. Make sure that it is clean as in broom swept, etc. It is the responsibility of the landlord to make any major repairs, painting, etc. as long as you aren't responsible for any major damage. Normal wear and tear is debatable but acceptable.
3. Make sure that when you take your pictures you have a newspaper or something that will indicate what date it is and that you have everything moved out and clean by that date. This way your landlord will have a hard time saying that you stayed later than expected or something like that.
4. I'm assuming that you didn't do a walk through so there is no documentation of pre-existing damage. I would write an email to him or send a letter telling him what you did to clean up after you guys and site any pre-existing damage that you feel he might try to blame on you. Basically you're trying to beat him to the punch. Use some language like "the broken door is not in repair as it was that way when we moved in", etc.
5. Be nice to your landlord. Sometimes just being nice and communicating well and a lot will be the thing to tip the scales in your favor. Do a walk through with him on your last day and show off your cleaning work. Give him an opportunity then to point out anything he has a problem with. IF he doesn't say anything then definitely send him a letter or email immediately mentioning that and that you've appreciated your time living there and wish him the best. Make it very friendly but what you're actually doing is documenting a clean walk through.
Finally, check on the specific laws in your state. They vary and sometimes the law is very much in the tenant's favor.
Good luck! |
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Busy Lil Bee
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You were a month to month tenancy without a Lease and it is perfectly legal. Depending on where you live (the State) your laws may differ from other people experiences with this issue. Hopefully you got photos of the place before moving in and upon moving out if not - go through any family photos taken after you moved in and before you left - make sure they are dated and use those if the carpet condition is visible in the pics. Your State has Landlord and Tenant Laws regarding these issues over deposits even if you are month to month tenancy. Go to your State Govt website and arm yourself with knowledge first and foremost. If you did not get a receipt for the deposit then the cancelled check will suffice but it is usually not a good idea to try to use the deposit for last months rent because the Landlord could take you to Court and day there were damages and that you did not pay your rent the last month. Get proof of everything! Courts tend to favor the Tenants over the Landlords in Court especially having to do with security deposits. When it comes to deposits Landlords cannot take what they want out of the deposit they must have reasonable cause to do so and you have to keep in mind that carpets are considered normal "wear and tear" - nor can they pocket your deposit and claim the place was not cleaned or disinfected. Laws are in place to protect both Tenant and Landlord in disputes. As far as returning the security deposit, you have no signed Lease? I would not return the deposit unless you have a signed agreement regarding the amount of deposit just take a lot of photos and clean that place when you leave. My hubby and I are month to month tenancy (meaning no signed agreement) and no deposit required. Keep in mind some apartment complexes do not require deposits with good credit - just clean, fill nail holes and have the carpets cleaned or use a rug doctor rental and keep receipts!~!! Good luck! |
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Jordan S.
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If you did not fill out ANY paperwork with your landlord, then he will not be able to charge you for any damages. If you did not have the opportunity to fill out a property inspection sheet of some sort, prior to moving in, then there is no way for the landlord to prove that the damage happened while you resided there. I would just leave things the way that they are. If he wants to go through all the legal expenses to prove himself wrong, then more power to him. But why give him money, knowing that you are going to have to fight to get it back? |
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estielmo
 |
You pulled the other version of this question, I guess you aren't hearing what you want.
The way to protect your security deposit is to always do a written/signed Move-In/Move-Out Inspection Report. The deposit is NEVER to be used for rent unless authorized by the landlord.
For the protection of both parties there should ALWAYS be a Move-In/Move-Out Inspection Report done at both ends of the rental period. Here is one to use as a guide: http://www.ilrg.com/forms/rental-checklist.html
Customize it to your property, but the tenant can note all the less-than-perfect conditions at move-in so they won't be responsible when they move out. And both sign it and keep copies. If nothing is noted the condition is assumed to be in good/perfect shape.
If there is no provable damages he won't sue, but he he presses the point he might be able to prove that are your fault.
Any improvements you made without written proof of an agreement are on you with no reimbursement likely. |
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LT
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Sounds pretty odd that you gave a deposit without having a lease contract. Did you get a receipt for your deposit, that states it is a deposit? If not, there is no proof you've ever given your landlord any money. It would be hard for either of you to do anything in a court of law if there is no proof of the terms of your lease or of monies paid.
Thus, if you are worried that the landlord is dishonest, and you are moving out immediately, then I wouldn't worry about paying him any more money. Going to court is expensive, so it is unlikely he would do this over so little money - let alone have enough proof to win. Possibly he would hire a debt collector, and that could be a headache.
But, you might want to stay on his good side. Often when renting a new place they check your references, such as where you last stayed, your credit history and so on. This means getting on the bad side of your landlord can be damaging.
The best thing is to contact a free rental/legal organisation in your state to see if they can give you guidance. The might suggest you write everything down - all your contact with the landlord, how much you have paid, and so on and send him a formal letter by registered post stating all of this.
Good luck, and next time sign a lease including a list of the state the house is in prior to moving in. |
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united9198
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Look up landlord in the dictionary under the word scum. They will do everything they can to steal your deposit. I think you did the right thing, but he might take legal action. If there is no contract of any kind, he will have a hard time collecting. You will be out before he can get you to court. |
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predatorpio
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You both performed an illegal act by not signing a lease, i guess i would have him do a walk through before handing him the extra cash to see if he's going to be picky and have him sign an agreement that the house or apartment was in good order...take pictures of anything wrong and photocopy them to the agreement you'll have him sign. Just tell him you had a bad experience in the past and need some sense of security. hope this helps |
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AK
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all i would suggest is barge into his office and start yelling out loud to give your deposit back, and start spreading rumours to new comers that the manager is ripping money of their tenants and also to people who already live in the building |
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chris k
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get him to sign something before you pay any more money stating he will return your deposit, of course unless you damaged something. If he doesn't return it in 30 days or give reason to hold it you can sue for double(at least here in pennsylvania) i would imagine it would be similar in other states |
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Derek
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I'd like to make a deposit in my landlord. |
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