We were tennants for 2 years, prior to buying our home. Due to timing, we were going to have to pay rent + mortgage for two months. I wrote a letter giving our 30 days notice 90 days ahead of time. I also asked if there was any way for him to work with us in finding a new tennant. He did not want to work with us, and became quite a jerk, threatening us with abandonment, eviction, etc...all while we were in good standing with the rent. We paid for the month of July, in full and on time. This was to be our final month according to the contract.
Today we received a letter with two checks, from the landlord. One check was for a refund of half of this months rent. The other was for less than half of our deposit ($1050). The deductions listed an "agreed cost-of-reletting and/or accelerated rent" (half of the deposit $525) and a $91 advert. fee. These fees are not mentioned in our contract, and were never brought to our attention. Can he do this? What should we do?
2006-07-19 08:46:09 · 4 answers · asked by hosea_baker 2 in Business & Finance ➔ Renting & Real Estate
If according to your lease July was your final month of renting and you gave proper notice then as stated above he can not keep part of the SD for re-letting or advertising let alone accelerated rent since legally the contract was over end of July
Go down to the local county court house ask for a small claims form fill it out pretty simple pay the fee and ask for treble the withheld SD back and filing fees
2006-07-19 09:05:06 · answer #1 · answered by goz1111 7 · 0⤊ 0⤋
If you have the original contract, check it over and look to see if there are any listings about closing deductions and end of agreement deductions, if there are, then he got you, but if it doesnt say anything about it, you should fight it. Yet if he works for a company then you should go to the company no matter what and ask them personally about the deduction. If there was nothing wrong and voided with the contract then you should have recieved ALL of you initial deposit back, not under half. Ask around.
2006-07-19 15:51:22 · answer #2 · answered by surf_jayme 3 · 0⤊ 0⤋
If your rent was paid up to date and your contract was up as u say and you gave him plenty of notice- HE CANNOT KEEP YOUR MONEY! He can only keep it if there was damage to the apartment or cleaning fees or the yard area! I learned a long time ago- to take pictures before I move in and when I leave! Legally he cannot keep thwe money- u can take him to small claims court
2006-07-19 15:51:44 · answer #3 · answered by cstinkerbell6969 6 · 0⤊ 0⤋
It is illegal.
You can sue in small-claims court.
You are lucky he did not charge you a cleaning fee, or something else you cannot disprove. He cannot charge fees unless mentioned on contract.
2006-07-19 15:52:12 · answer #4 · answered by Anonymous · 0⤊ 0⤋