2006-09-05 06:11:58 · 18 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
NO... Your landlord is being naughty... If its not in your lease agreement then he cannot make up his own rules now.. Check on your lease and see what the criteria surrounding your refund is? Its probably something like you have to fulfil your lease, clean up your mess and give proper notice to get your deposit back.. If it does not say you can only get your deposit back if you stay home and greet the inspector then you have the law on your side. You can take him to small claims court, make him pay for your court fees and everything else and you will win hands down.. I know because I have been a landlord for 25 years and I would never dream of doing something to my good tenants in a million years.. He is a bad landlord and you can email him this message. If he doesn't like it then give him my email address hawaiirlw@aol and I will gladly educated the stupid ***.. Looks like yahoo beeped out my donkey word about your landlord
2006-09-05 06:20:00 · answer #1 · answered by Lea 4 · 1⤊ 0⤋
You have a right and duty to be present at the move-in and move-out inspections. Without being at both of these inspections and making sure that everything is documented you cannot prove the move-in or move-out condition. Did you sign the inspection form upon moving in or out. If your signature is not on the inspection forms or you have pictures preferably predated by the camera to prove how you left the place and how you moved in you might be able to get somewhere. If this is the case you will need an attorney's advice if not his representation before trying to take any legal action. If you signed the move-out inspection report and there was nothing extraordinary marked and you can prove it was changes after your signature again speak with a lawyer. If you did not make sure you were present for these inspections and especially if you signed something you were not present for then you lose your deposit and gain a valuable and expensive lesson. Do not take xx_debbi_xx advice, this is a good way to screw up your credit and even get judgements against you. always do the right thing, it is better to do what is right and lose than do what is wrong. Lea is only partially right you need to check the lanlord tenant act for where you live and other laws regarding the right and repsonsibilities of both the landlord and tenant. These laws trump anything in you lease. Like my lease says that I am responsible for all plumbing and I signed this knowing it was not right. The lanlord tenant act says that I am only reponsible for damages on the items I use such as sinks, toilets, and tubs. The lanlord is responsible for the plumbing itself. Like if a pipe breaks he has to pay to get it fixed and we already had this problem and he refused to fix immediately said it was my problem read the lease, I told him it was his problem read the landlord tenant act. He finally, after a call from my lawyer, fixed the broken pipe and other damages caused.
2006-09-05 13:24:45 · answer #2 · answered by Wilkow Conservative 3 · 0⤊ 0⤋
You landlord can only keep your deposit if there are damages to the property after you moved out. However, under law in most states the landlord has to provide you with an itemized list of deductions by a set amount time set by state statutes. In most states, unless it's in your contract, a landlord can not hold a "security" deposit for unpaid rent. A security deposit is for damages done to the property that are beyond what is considered normal wear and tear. I would suggest talking to a rental/real estate attorney in your area to see what you can do. You are supposed to be present when any inspection is done to the property you are renting and the landlord should notify you 24 hours in advance as to when the inspection will be. Also, in many states if your landlord illegally or unreasonably tries to keep your deposit, you can sue for up to 3 times the amount of what your deposit was, plus court costs, but as previously stated, check with an attorney about the laws in your state. Good luck!
2006-09-05 14:02:00 · answer #3 · answered by ? 3 · 1⤊ 0⤋
When you moved into your property you should have been given an inventory which explained everything within the house. This way is saves yourself and the landlord alot less hassle when you move out. You perhaps should have been present during the inspection when you left, but that is neither here nor there. Maybe next time get a video camera and take a recording of what the property looked like when you moved in and leftso then there is no back on yourself. I did this and got my full deposit back, as I had been burnt previously.
2006-09-05 18:45:12 · answer #4 · answered by Jade M 1 · 0⤊ 0⤋
I think you are talking about two different subjects .
It is in your interest, to be at the inspection of your new home
It is usual to say that you agree that all is present and correct before you take over , and sign an inventory form with the landlord .
The Deposit is a security that the landlord requires to confirm the initial rent and may be used, to defray expanses, should you leave the house in a poor state .
If he is now wishing to withhold your deposit, because the property is not satisfactorily left .
He will surely have to prove, what is wrong
the lack of a signed inventory ,
may leave him with egg on his face .
And he may have to hand that deposit back to you.
sorry to be so brief ,
law is a vast subject and as i do not know where you are from ,i cannot say what local laws apply.
>^,,^,<
2006-09-05 13:43:41 · answer #5 · answered by sweet-cookie 6 · 0⤊ 1⤋
I had a similar situation however my partner and I saw the landlord in question a few weeks later and after putting up a reasonable argument, we escorted him to the cash point to get the part of the deposit he decided to keep. My hubby can be very persuasive. A little over the top sometimes, but very persuacive Bless him.
2006-09-05 14:09:02 · answer #6 · answered by LYN W 5 · 0⤊ 1⤋
Landlords will always come up with some excuse to keep your deposit.
In the 10 years i have been renting, not once have i got my deposit back. Excuses range from miniscule damage, i.e tiny piece of wallpaper off, cup mark on a table, to out and out lies.
Even to the point that landlords have tried to get extra money after i have moved out and threatened me with court because i didnt wash the curtains before i left and he had to do it!!!!!!
So my trick is not to pay my last months rent, usually equal to the deposit, and leave with no notice.
Not nice i know.... but the majority of landlords seem to be out for as much money as they can get out of you!!!
2006-09-05 13:23:20 · answer #7 · answered by xx_debbi_xx 3 · 0⤊ 1⤋
I think the key thing is whether you agree with his assessment. If he carried out his inspection by himself he has no one to support his findings. If he refuses to inspect the property with you I would get a reputable person to inspect it with you and sign your report. It would help if you had a copy of the inventory from when you took over the property. At the end of the day, if you can't come to an agreement you will need to get the help of a solicitor.
2006-09-05 13:24:27 · answer #8 · answered by migelito 5 · 0⤊ 1⤋
It depends on the state you live in. I know here in Kentucky the state law says that if the landlord does not conduct a pre and post-insepction with you that regardless of what is done to the building they cannot withhold your deposit.
2006-09-05 13:20:57 · answer #9 · answered by DJ 2 · 1⤊ 0⤋
NO! By law you have to be present at the inspection and he has to give you notice before an inspection.Even though it is his house its still your abode and you have rights
2006-09-05 13:23:44 · answer #10 · answered by KYLE 2 · 1⤊ 0⤋