I moved in and paid a $495 security deposit May 2005. I put in my 2 month notice, to move out, on September 1st 06. At the time, I owed my landlord one last partial rent payment of $390, that I was going to pay on Sept. 1st. He said he could just take that out of the security deposit instead. So, my remaining deposit would be $105. I started moving out on 8/30, and couldn't get my kitchen table and tv until 9/1. I left the apartment clean. I sent my landlord a letter with my new forwarding address and phone number. I got an angry, asshole voicemail saying he wouldn't give me my deposit back because the new renter had to wait until 9/2 to move in, and because he had to clean the carpet. When I moved in, we both signed off on a checkoff list noting damage to the apartment. The carpet was on there. It wasn't replaced when I moved in. It had tape marks on it from an area rug that was down. It was in the same condition as when I moved in. He says I won't get any of it back. Is this legal?
2006-09-23 13:40:04 · 13 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
I live in Minnesota.
2006-09-23 13:40:27 · update #1
I wouldn't sue him for only $100, but to prove a point and drag him into court and screw his reputation, yeah. That'd be worth it. Otherwise, no.
2006-09-23 13:47:12 · update #2
No, it's not legal.
And your tv and kitchen table would not have prevented a new tenant from moving in. Unless your tv is the size of a multiplex cinema screen and your table sits 20, his excuse is laughable.
You may be able to get double or triple your money back because it was wrongfully withheld. Look up the law concerning the return of security deposits in your state.
2006-09-24 13:08:33 · answer #1 · answered by BoomChikkaBoom 6 · 0⤊ 0⤋
I think people are missing what you wrote initially. You gave him a 2 month notice that you would move out on Sept. 1st. This means by Sept 2nd it would be vacant. You had until 11:59am on Sept 1st to claim all your belongings. So his note about the new renter not being able to move in till Sept 2nd is his fault if he promised the new renter it would be vacant on the 1st. Secondly, when you walk through a house and do a checklist of the damages, you and the landlord sign that paper and that keeps him or you from punishing each other for those damages, so he can't claim you caused the damages to the carpet when he didn't fix the carpet in the first place as stated by the checklist. And finally, since I had to deal with a landlord like this before, if you have all your paperwork (the 2 month notice and checklist signed by both of you) then I would write him a certified letter asking him for your $105 back or he will have to face small claims court. This should scare him enough for him to pay you. Make him think you would rather drag his reputation through the mud at your cost than him continue to treat his renters like this. I bet he'll think twice about it next time.
2006-09-24 03:44:13 · answer #2 · answered by Anonymous · 1⤊ 0⤋
He cannot keep your money. He would have had to have taken the month's rent, divided it by 30 (or 31) and taken that day. As for the rug, if it is documented that it was ruined when you first moved in then it is not your responsibility to clean it. The only thing a house/apt has to be is "swept clean." You can take him to small claims court and include the cost of the court charges as well as the $$. Small claims court is very cheap! Bring the message he left on your machine as well as the lease you signed and the checklist.
2006-09-23 22:58:40 · answer #3 · answered by MVAC 3 · 0⤊ 0⤋
No he is in the wrong. He is only entitled to prorating the day over that you went and must produce a reciept for the carpet cleaning. That does not include a rug doctor. It must be a reciept from a profesional rug cleaning service with date and address of residence. If you take him to small claims court you can sue him for three times the amount owed plus legal expences
2006-09-23 21:16:09 · answer #4 · answered by weldergooroo 2 · 0⤊ 0⤋
He could probably justify charging you the equivalent of one day's rent since you were not out on time. It depends on how much damage was done to the carpet. If it is very specific on the agreement, you would probably win on that point. In court, you could ask for proof that the new renter paid him for the month less one day. If he didn't you could probably win on that. He probably feels you won't go to through the time and expense of suing him. Now, would he go through the time and expense of going to court?
2006-09-23 20:44:24 · answer #5 · answered by brucenjacobs 4 · 0⤊ 1⤋
It's legal as long as he discloses how he spent your security deposit. If you want to dispute the carpet, then take him to small claims court. However, he might counter with rent for 9/1.
Regards
2006-09-23 20:46:31 · answer #6 · answered by Anonymous · 0⤊ 1⤋
I would threaten with a lawsuit. Remind him that he would have to show the checklist to the judge along with a receipt from the man who installed the new carpet (that was never put in), along with the check that he wrote to the man. If he sees that it's a losing battle then he will just pay you off to avoid spending his time in court.
2006-09-24 01:01:30 · answer #7 · answered by CAD 1 · 0⤊ 0⤋
I have done things like that of taking people to court for the "principle of the idea" and have learned that it will cost more money than it's worth just to win....let it go and let him keep the money for the 9/1.....you are better off now anyway....
2006-09-23 21:22:20 · answer #8 · answered by mysticmoonprincess01 4 · 0⤊ 0⤋
Based on the fact that you were late moving out and that the carpet had to be cleaned, you're lucky that he didn't take you to court for more $. He would definately prevail in court. Sorry.
2006-09-23 22:18:53 · answer #9 · answered by clueless 3 · 0⤊ 1⤋
have you never watched judge judy? it is a grey area and not worth your time for $100. If the landlord can show expenses of $100-and I bet he could come up with something, then you are out of luck.
2006-09-23 20:44:01 · answer #10 · answered by rwl_is_taken 5 · 0⤊ 0⤋