Renters Question: I've been in this apartment going on three years...? |
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Terrible landlord. I am moving and want out of my lease. Afraid of eviction? |
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Questions to ask when purchasing a home.? |
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Interest Only Mortgage? |
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Landlords: How do you screen tenants to avoid deadbeats? |
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I live in a duplex and my landlord is selling the property and did not even tell us. is that legal? |
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How to look for a place to rent in another state? |
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Can I buy a house without upfront closing costs? |
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Accept a check for first, last and security deposit? |
| I am renting my grandmothers house, never been a landlord before. I am due to sign a lease tomorrow (prorated for the month) and collect the first and last month rent, and security deposit. What ... |
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1st time mommie | Is my old Landlord abusing my security deposit? |
I need good answers please! I left the apartment spotless. I had the carpets professionally cleaned. I gave the proper 30 day notice. Before I moved in the apartment, my bathtub was missing a drain stopper, my venetian blinds would not open and my bathroom vanity mirror was also cracked when I moved in. I gave the landlord a list when I moved in. I also made a follow-up call. My landlord advised me that these things were not in need of serious repair, and that I could live around them. Now that I have moved, he is refusing to return all my security deposit based on those faulty things. He wants to withhold 1/3 because of the damages that were there when I moved in. He has refused to give me an itemized invoice. A neighbor told me this man has a history of either keeping as much of the sec. dep. he can or not refunding it at all. I would normally let it go, but this guy is unreasonable and an obvious slumlord and I refuse to make him richer based on lies. What do I do? Additional Details I took pictures of everything when I left. He is refusing to acknowlegde that I brought these things up to him earlier. My friend was my witness to him saying they did not need repair. |
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Mike
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This sounds like one of the landlords that gives the rest of us a bad name.
Many of these characters spend the security deposits that they receive as if the secruirty deposit were their own money and then do not even have the money to give back to you.
The law with respect to security deposits varies from state to state.
I recommend that you contact an attorney who specializes in landlord tenant law in your state.
Often a letter from an attorney who can spell out in great detail all of the bad things that the legal system can do to landlords who fail to return security deposits can shake that landlord up enough to get your security deposit back immediately.
It usually does not cost all that much for an attorney to wirte a letter, especially if the attorney specializes in landlord tenenat law.
The attorney probably has a standard letter in his word processing software on his computer that deals with this circumstance since it happens so often.
Your attorney could probably handle this for you and get your security deposit back plus your attorney fees, so that it does not even cost you anything.
If you recall, the rental agreement that you signed probably had a provision in it that gives your landlord the right to collect attorney fees and all costs of collection if he has to collect money from you that you owe him. Most rental contracts have this provision.
The nice thing about those clauses is that they work both ways, even though they often do not explicitly say so. In other words that clause gives you the right to collect attorney fees and collection costs in addition to your security deposit if you have to go after the landlord for money that HE OWES YOU!!
I RECOMMEND THAT YOU CONTACT AN ATTORNEY WHO SPECIALIZES IN LANDLORD TENANT LAW TODAY.
DO NOT LET THAT CROOKED LANDLORD GET AWAY WITH THIS!! |
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linkus86
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By law he needs to provide you an itemized list of the repairs to charge the expenses to you. But in order to get your full deposit back you need documentation too, including pictures, proof of you pointing out the original damages and his acknowledgment of the list your provided to him. This is an old landlord scam that is pulled off everyday and the only way to combat it is by being prepared for it and your willingness to sue over it. Good Luck! |
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jdl_1984
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Whoa now, I don't know if this is a state law which I think it is.. but in Michigan that landlord either HAS to give you a WRITTEN notification of damages with the rest of the deposit given there is any or the full deposit back within 30 days otherwise twice the deposit is required back.
Please tell me you kept full copies of all pictures and paperwork you did from the application to the end of the lease? If you did then you have plenty of evidence that those issues were there WHEN you moved in and are not your responsibility. Then, take all that stuff to small claims.
If you do not have that stuff, on paper, you are fighting a losing battle. |
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kj
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I'm in Property Management, and you have a legal right to the invoices of repairs to your apartment. When you moved in, did you take a copy of the list with the damages or missing items?
You should first try to negotiate with him and bring your copies of the prior damages to the apartment with you. Demand copies of invoices, and if he says he does not have them yet, have him call the vendor he used and have them faxed immediately, do not leave without them. If he still refuses to work with you, you'll have to go to small claims.
I have found, being on the other end of these conversations that reasonable people get farther than the unreasonable. If you go in like a gang buster you are less likely to get results. Go in calmly and work your way up as needed. Good luck. People like this make it so hard for the good ones out there by ruining any trust that is left between the landlord - tenant relationship. |
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LoFlo
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Take the landlord to small claims court. If you haven't done so already, send them written notice (by registered mail w/return receipt) disputing the holding of your deposit. Don't let it go - that's how people like that get away with it. |
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Amanda H
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call the housing authority in your area,
they will let you know your rights,
also sue in small claims court, like Judge Judy |
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avir1d
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contact your neighborhood renters rights program. |
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Rick K
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It sounds like a case for small claims court. Sue the greedy b*****d! |
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VAgirl
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Do you have proof of the condition at move in? You need to take that written or photo proof, make copies for him, and then the proof of condition at move out and send him a letter requesting the full deposit back or written documentation of why he is not giving the full deposit back. The next step is small claims court-in some cases if you have the evidence to back up your side, just the idea of court will be enough to get him to give the money back. |
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Weimaraner Mom
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Your landlord cannot withhold your security deposit for normal wear and tear. If you kept a copy of the letter you sent regarding the damaged and missing items when you moved in then you have at least covered your behind. He can only withhold your security deposit if you seriously damaged the walls, doors, carpet etc, that's what a security deposit is for to protect the Landlord from serious damaged caused by bad renters.
In order to keep your deposit he has to provide you with a letter and itemizing each item he is charging you for he cannot just take money with no explanation. And the items you listed are considered "cosmetic" and not should be taken from the deposit.
Your best bet is to report him to the Real Estate Commission, and or take him to small claims court to have your deposit returned, sometimes a simple letter from an attorney will have him refunding your money quickly. You could even go as far as sending a letter Certified RRR and demanding the return of your full security deposit and reiterate that you mentioned these items upon move in and since they were pre-existing you should not be charged for them. Give him a time frame to return the money 15 days from receipt of the letter or you will be consulting an attorney and taking him to small claims court, even mention that you have photographs and a copy of the list you sent him upon move in to prove you did not do the damage. It's good thing you took photos upon move out. Do you have copies of the carpet cleaning receipts to show you cleaned the carpets, it will help show your intent of leaving the home/apartment in good condition upon move out if it ever went to court.
Sometimes threats will make him see the error of his ways, he is counting on the fact that you wont' fight it and you will eventually let it go. |
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BeeBee
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Take him to small claims court. It's easy and free and you'll at least get half I bet. Bring all your evidence and just give the judge the truth. Even sleazy tenants get money they don't deserve from small claims |
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homegirl
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Gather all your evidence, many good suggestions in previous answers, go to Small Claims Court. There should be an adviser when you file. In most states a handbook explaining the process and advising you of your rights is available, free. good luck. |
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_nicole_
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I assume his actions are the very reason you moved. You need to call legal aid or go to small claims court and get what belongs to you. Landlords like this give landlords a bad name. This is a scam that landlords always use-and he will get away with it unless you have proof and display knowledge of your rights-wich you do have. Landlords like this keep things broke and charge tenants for them over and over. Like I said before, he is a total fraud. You should bring up to him, that charging tenants over and over for the same item is tax fraud. Those items are taxable. Bet he will shape up then. If not, call legal counsel. They can send him a letter (probably a generic at little or no cost to you) explaining to him what your rights are, and what will happen if he does not comply. Normally greedy slumlords like yours have a wake up call when they see this. Good Luck! |
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goz1111
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as long you have proof of the move out condition and the move in condition, sue him in small claims very easy form to file out and can charge for the filling fee as well |
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