Attys:tenant broke lease ok tenant threatened to sue landlord if full refund of security deposit not given ok?

Question

tenant writes letter to landlord stating verbal discussion and terms of leaving premises landlord says ok but no witnesses or signatures tenant believes he's getting security back ..can landlord defend self in court when tenant sues for deposit given the letter tenant wrote to landlord and can landlord prove tenant broke lease did not pay rent.also tenant wants to sue for other obscure charges that are false inferances & subjective characteriazations

Answer 1

What does the Lease Agreement state about Security Deposit refunds? What does it state about oral agreements?

In most Lease Agreements it allows the Landlord about 3 weeks to access the property for damages or repairs and allows deductions to be made from the Secuirty Deposit to cover repairs caused by tenants, in some cases a Lease Agreement will also state that a $50.00 or $100.00 cleaning fee will automatically be deducted.

The Landlord cannot withhold any amount of Deposit without showing proof of how and for what reason the money was deducted.

Has the Landlord given the tenant Notices of Non-Payment (or Late) Rent?? Does Landlord have copies of these notices? These should have been served either in person or by Certified Mail.

In most cases the cost and inconvenience of going to court is not worth whatever deposit is owed, but you never know, and if the Landlord does end up in court, s/he will need to show proof of Lease Agreement, the (3 or 5-day) Notice of Pay Rent or Quit, a 30-day Notice of Lease termination, a letter/notice of warning of Lease violations, or something that shows that tenant was properly served and notified.

I suggest that such a Notice be sent to tenant ASAP, stating from what dates the tenant is delinquent; also if Rent has been late consistently, state which months were late, and if there are lease violations, in some states you can serve a 3-day Uncurable, which means that regardless of the violations, there is no cure, no way to "fix" the situation by say, paying rent (if late), by removing an abandoned car (if your Lease Agreement states that is not allowed). Also, have handy in a notebook a record of conversations with dates, time, what ws discussed, etc, just in case!

Best of luck!

Answer 2

landlord needs to consult an attorney.

Also, the landlord should have given a receipt for each payment of the rent, and recorded each rental payment in his records. In court, the landlord then shows the records to the judge, and indicates the non-payment of rent. The tenant then fails to produce proof of payment (bank records) and the landlord wins that.

The value of the letter is based on the wording of the lease. If the lease requires written notice to break - the letter stands. However, if the letter makes false allegations, the landlord must document his responses when he writes the letter to the tenant explaining why the tenant is not getting his deposit back and still owes rent.

In short, everything must be written down, dated, and signed, and kept. In court, those with documentation beat those without it every time.

Answer 3

This will depend on your state and local tenant laws.

Here is what I would do. Get a FREE analysis of your situation from an attorney (I know that is what you are trying to do here, but the information is too general. He needs to ask a few questions.). He will ask you about the specifics that are important. You might offer to compromise by giving half back, just to get rid of him--but make sure he signs a release! You don't want him to sue for the rest, with half already in hand.

It might be worth it to play hardball from the get go. Hire an attorney outright. Have him/her write the tenant a letter informing him of his "breach of contract" and that any further communication should be directed to HIS office. Failure to do so will be considered harrassment etc.

This might be enough for the tenant to realize how much work he is going to have to go through to get his SD back, that he forgoes it.

Answer 4

You don't have to give it back, if they broke the lease. Especially if rent was not paid in full, and you had to clean up the apartment. They are just mad, they will get over it in time.Let them take you to court. Have documents, and proof of when they moved out, and a copy of the rental agreement. You will be fine.
Good luck Hon!

Answer 5

Give up security deposit. It will cost you more than that to sue, and you probably won't win because nothing is in writing.

Answer 6

all the landlord has to do ...is say ...well i had to use that money to clean the mess he left behind...thats what deposits are for......My old landlord did that to me...even when i had the carpets cleaned by a professional...then he said he had to fix a window...clean dryer vents...pay for his neice to come and clean fridge...all kinds of mess....I laughed at him in curt and said .."I guess with the rest of it...you had to higher a few strippers to relax you after that huh...?"

Answer 7

How long was the lease?