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eminent_youtom | Landlord didnt return the security deposit back???? |
HI,
I stay in California, I moved from my apartment on january 1st by giving a verbal notice to landlord on december 5th.
After we moved, when my dad asked him for security deposit, he threatened my dad and my sister that we did a huge mess in his house. He didn't return our security deposit nor did he gave us any notice or bill. Finally, on march 18 after 78 days he send us a letter saying we had done a damage of 1153$ and charged $240 for notifying him 5 days late; on total he charged us $1630.10 less the deposit $1250 which comes $330 balance. i.e. we have to pay him $330 more.
can I fight against him legally for not returning our money(or not notifying us) by 21 days? Also,whatever he claims us is not fair. after we moved out he did the repair of the apartment and i guess he is charging us the cost of the remodeling.
when we moved over there he charged us $1250 deposit and $250 extra for cleaning.. could he charge us extra for cleaning too?
Additional Details
he send me letter today which says we give him notice on dec 6th and left on January 1st |
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Landlord
|
He did notify your father, you state it yourself, your father made contact after you moved and was told that there was a huge mess.
He did not remodel for 1630, that is nothing and no where near the cost to remodel.
If it cost him more to repair your damage then the deposit he is correct, it is due him. The law only states that you are notified in 21 days, not that the work be completed. You can not present a bill before the work is completed.
And yes, he can charge you for cleaning.
He can actually charge you for the entire month of January since you did not give notice by Dec 1, so he gave your father a break by prorating on the 30 day notice. |
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CGordo
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Oh, E, you have so many problems. Gosh, I hardly know where to start. Don't look for your money back. First of all, your lease states how notices are to be given. I am sure the lease says that all notices have to be in writing. So your verbal notice on December 5th means nothing. Second, you should have done a walk-through with the landlord before you left. Now, it will be next to impossible to prove the condition in which you left the unit. If he pursues the $330, you probably will have to pay it unless you can prove (pictures??) how you left the unit.
Big life lesson here. Forget about the 21 day requirement. He can always say he didn't know you left on January 1 because there is nothing in writing, you can refute it.
I am so sorry but there is little here, that I see, that you can do about this one. He may not pursue the $330 but you can probably kiss the deposit goodbye. |
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infoman6617
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if you dont have pic's theres little you can do.... his word against yours.... so next time remember to take before and after pic's |
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Not Socialized
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You should have given him "written" notice...also you should have cleaned the place before you moved and had him do a walk through with you to dispute any claims he may have brought up at the time...now you're screwed because you don't have any evidence supporting your claims...
FYI...for future reference...cover your butt in black & white...paperwork...paperwork...paperwor... |
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Amber Lee
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Mistake #1: never give verbal notice. Get it in writing, both of you sign it, and both of you get a copy.
Mistake #2: Always do a walkthrough with your landlord when you move in and when you move out of the apartment. Write everything wrong down... every little detail so if something is broken when you move in, he can't charge you for it when you move out.
Mistake #3: Take pictures! Always take pictures of the place you are leaving, in addition to the walkthrough. That way, if the landlord goes back to say there were things he missed in the walkthrough, you have visual proof that the place was clean when you left it!
A combination of the three mistakes you made, leave it to a "he said, she said" type case. Taking it to court would be an awfully hard thing to do since you have nothing for evidence other than your word. If you decide to take it to court, you better hope the landlord shows up with his hands as empty as yours, otherwise you will end up paying the bill, as well as everyones court fees. |
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estielmo
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Check local laws. In Missouri when you notify after the rent day you must wait a full rental cycle to end your agreement. In your case, December 5 becomes notice to be out February 1 here.
In any event, that doesn't account for your deposit. In most states he is required to give a fully itemized list of charges in writing within 30 days. In some states failure to do so means you can sue him for double/triple damages.
Both parties are protected by using a detailed Move-In/Move-Out Report that they fill in while both are in the place during the walk-throughs.
The cleaning fee may be appropriate, as well as actual physical damages. But a simple "it was a dump when we moved in and immaculate when we moved out" will not hold up in court.
I would bill you the January rentand the cleaning fee and actual damages to the unit. "Worn-out" things can't be charged to you.
CAREFULLY research and FULLY document your case and sue him. I would. |
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msorto90
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If you did do a mess He is in the right but if you didn't then he's wrong! |
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alimay
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Well what does your lease say with him? Most leases say that they will return the deposit within 30 days and if they are not going to return the deposit or if they are only returning some of the deposit they need to send along a note or something showing why they are not giving it back. It is possible he can charge you for the cleaning fee. I think you should take a look at your lease and see what it says in there. For the future you should send a letter via certified registered mail (that way the person that is receiving it will have to sign for it and you will get a receipt back from the post office showing that they received that mail) stating that you will be vacating the premises and when you will be leaving. He could just lie about you telling him you were leaving. Good luck! |
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Les K
 |
You almost never get your security deposit back. the landlord has to take in consecration that there is normal wear items that go along with living in an apartment. If there are damages he needs to provide you with the receipts that he had the work done. I know that is true in Pennsylvania. A little FYI for you is you should have taken pictures of the apartment before you left so you could prove your case. Also look at your lease agreement to see if there is a fee for a late notice.
Try and contact the better business bureau |
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farmgirlup84
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Firstly--notice should ALWAYS be given in writing...it should be signed by both parties, and you should keep a copy for yourself.
Secondly--you should ALWAYS go through the house with the landlord, and make note of things that are wrong when you move in, and do this process again when you move out. Again, it should ALWAYS be signed by both of you and copied.
I will say that he is right on one count for sure--you should be charged for partial rent because you didn't give a full 30 days notice--which would mean that technically you lived there for that extra 5 days and should have to pay for it. The threats should have been written down--the landlord had no right to do any threatening--UNLESS you are just meaning that he said that because of $x of damage and $x of unpaid rent, you owe him $x for those things--which is not a threat in any way, shape or form.
Why do you suspicion that he only had 21 days to notify you? Is this law in California? Otherwise he probably has up to a year (or whatever California law dictates) to give you that notification--especially if he sent you a bill for construction/remodeling services completed, because he wouldn't have known the exact cost until completion.
If he spent that much on repairs of the apartment, then you must have done a significant amount of damage--in which case, yes, you'll likely have to pay for it. And since you failed to do an inspection prior to move-in, there is no way to prove that you DIDN'T do that much damage. The cleaning charge is to be expected--it's highly unlikely that you'll get out of that. If you do a superb job of cleanup after you move out, sometimes you can get out of the cleaning fee, but generally you can't.
All the information about the fees and whatnot should be in the contract--read through it again...(you DID read through it BEFORE you signed it right???). Make notes and possibly discuss it with a lawyer, but more than likely you are in the wrong.
Hope it turns out alright! |
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