She had clean the place for free before moving in.(the people b4 her had trashed the place) She painted it for free.They had told her what a great tenit she was and they would give her good refrences.So she was like well can I have my deposit now .They said no you moved out 10 days too soon sorry?
Is this legal beings she was paid up for the whole month she just moved out sooner?
2006-09-18 04:42:49 · 10 answers · asked by Addie B 3 in Business & Finance ➔ Renting & Real Estate
she didnt just move out in the middle of the night of course they talked about it.Two houses was broken into next door .The windows did not lock.My sister and the old lady next door both talked to the landlord said they was afraid they said they understood.But never told them to wait 10 more days to give back the keys or they would have kept the keys and gave them back 10 days later.
2006-09-18 04:50:29 · update #1
The fact that she moved out 10 days early means absolutely nothing. They are just looking to screw her out of her money.
Tell her to stop arguing with them and just file in small claims court. Many states allow for double or triple damages for security deposits that are wrongfully withheld. She should find out her states law for this and proceed accordingly.
2006-09-18 07:46:23 · answer #1 · answered by BoomChikkaBoom 6 · 1⤊ 0⤋
If it does not state in the lease that a certain amount of notice needs to be given before moving out then the landlord is not in the right of trying to us that as a reason for not giving back your deposit. It also happens to be a bad excuse to say that he's losing a months worth of rent as he could find a taker for the apartment within the first week and then it wouldn't be that dire. Of course even with a full month of warning he might not have found a taker and he'd still be out his rent. I'm assuming here that he didn't ask you to reup the lease at an earlier date and that you had resigned a new lease as then he'd be asking for two months rent, maybe on top of the security deposit. Personally, what I would do is talk to the landlord and tell him if the money is that tight then have him pay you when he rents the place out to new people or at the end of the month of January, which ever comes first. Going through the courts will take time anyways and in small claims they will just state who owes who money and it still doesn't mean you will be able to collect it. If you do decide to take him to court I would try to get pictures of the apartment after it was clean and a statement from the landlord showing why he will not give your deposit back, along with the lease. This way you have it in case he tries to change his mind about why at court. Sadly, you might have to suck it up and take the loss on the deposit. There are a lot of horror stories about landlords and security deposits out there and some of my friends have been burnt enough that they simply assume they will not get it back at the end. I wish you luck with this.
2016-03-27 07:38:36 · answer #2 · answered by ? 4 · 0⤊ 0⤋
They landlord cannot keep the security deposit. If her rent was paid, the landlord usually has 20 days (check your state) to return the security deposit and/or send a list of the damages that they are attributing to her. Unfortuanely a lot of landlords like to keep the security. When she moved out, she should have taken pictures of the entire apartment and how she left it. When she moved in, she should have given the landlord a list of all the damages that existed and what she repaired. This list should have been signed by the landlord and the tenant. Tell her to do this now in her new location or she can get screwed later. Also check your state on the internet. Many states have free legal services to tenants who are having landlord problems. She cannot be penalized for moving out early if the rent was paid for the month. If she tried to apply the security deposit to the last month's rent, then the landlord is correct. The tenant cannot apply the security deposit to the last month's rent. This is a separate transaction and cannot be used for rent.
2006-09-18 04:58:11 · answer #3 · answered by juncogirl3 6 · 2⤊ 0⤋
With the details provided she should be able to get her deposit money back. Whether she was in the apartment or not doesn't matter, if she was paid up until the end of the month at that was the end of the lease period then she is ok. She should verify in her lease agreement what it says about the deposit and when it can be returned. When she talks with them landlord next she should make sure to have a witness there to verify why the landlord is saying that she can't have her money back. And if he still won't give it back it's time for legal action.
2006-09-18 04:59:57 · answer #4 · answered by sirade1 4 · 2⤊ 0⤋
If she was paid up until the end of the month it doesn't matter when she moves out, the landlord is still covered. Have her reread the rental agreement, but she can take him to small claims if needed, but by law as long as the rent was paid, and the apartment was cleaned to the landlords acceptance, then she gets the money back!
2006-09-18 05:00:51 · answer #5 · answered by Piggotthill 2 · 2⤊ 0⤋
As long as the rent was paid, what is it to the landlord if she was actually sleeping there or not!? She had the place paid for, whether or not she was living there has nothing to do with the deposit. I would check into this further, perhaps a "one free" consultation with a lawyer is in order.
2006-09-18 04:53:15 · answer #6 · answered by Wendy 2 · 2⤊ 0⤋
The landlord must give her back her deposit. In most places they have only 30 days to do so. If the reason that he is withholding her deposit is b/c she moved out too soon than he is wrong and she can take him to court.
2006-09-18 09:24:02 · answer #7 · answered by Anonymous · 1⤊ 0⤋
In CA, the landlord has to mail a check within 21 from moving out. Maybe in your sister's case the clock may start at the end of the month. It was her choice to move out sooner.
2006-09-18 04:49:47 · answer #8 · answered by Kissingbythesea 3 · 0⤊ 0⤋
Yes, she chose to move out.
If she had coordinated with the landlord regarding the specific day she would be vacating the apartment, he probably would have refunded some of the remaining.
Sorry :(
2006-09-18 04:46:09 · answer #9 · answered by Anonymous · 0⤊ 1⤋
Check the lease/rental agreement, it should be spelled out there.
2006-09-18 04:45:28 · answer #10 · answered by cherokeeflyer 6 · 0⤊ 1⤋