Please, I need an advise?

Question

Lease problem with deposit?

I had a 2 year lease, but I wrote a letter to the landlord 1 month in advanced. Expalining the reasons why I needed to ripe or void lease. And she a gree to canselled the lease as long as get somebody to tale the appartment. And Now she told me to paint the appartment I did. she said she was gong to buy a frige because I had ruin the one in a ppartment. She also said that there was mouse **** under frige so she was going to call exterminator. Now she has new frige, exteminator painted appartment, and a sign lease with new tenants, am out of appartment and she does not want to give me my 2deposits $3,000 dollars. Now her new one is that she wants me to change the stair's carpet out side the apartment. And the new tenants are living there now. and she has there deposit and main what should I do. the stairs are not in lease.
She keeps on telling me she works in city Hall, like treaten me. I need advise.

Sorry for the missed spells, but I was in a hurry with a 10 month baby on hands trust me is difficult, and I didn't use spell check.

Answer 1

Wow, I don't care if she works for Osama she is governed by the state landlord tenant act as it relates to the deposit. use the additional detail button and tell us your state and I'll provide you with the links you need relating disposition of your deposit.
Buena Suerte

Answer 2

Relax! You are fine. But you can kiss your $3000 deposit goodbye because when you broke the lease (with her consent) you forfeited any right to that money (reread your lease). As for the carpet outside of the apartment on the stairs, she has absolutely no right to make such a demand. Just because she works at city hall doesn't mean that she knows real estate law. If she sues you for the carpeting, it will be in small claims court so you won't need a lawyer and you will win. My guess is that if she doesn't already know this, someone will tell her before she thinks to sue you.

Answer 3

Did you get every agreement and photos in writing? This is so important when it comes to legal issues. If you live in Canada you can call the local Tenacies Board they protect the rights of tenants and will resolve issues fast. You could have your deposit in less than a week. If not the only option I would suggest is talking to a lawyer in legal aid that specializes in these types of cases. Then look at all your options and decide what you would like to do. When you are a parent 3000 is a lot of money that you need now.

Answer 4

What state are you in?

You must file in small claims court or in civil court for your deposit. You may be able to get double or even triple your money back if it was wrongfully withheld.

"She keeps on telling me she works in city Hall"

And I'm sure that someone higher up would love to hear how she is using her position in order to rip people off.

"you forfeited any right to that money"

Not necessarily. If the landlord agreed to it and there was no monetary loss from a vacancy, she probably has every right to the return of her deposit.

Answer 5

The first thing to do is making a copy of the contract, the agreement, and all the receipts of everything you had paid for. Then go to a small claim court if it's less than $5,000. Do you remember the condition of the apartment when you rented it? And how long did you live there? If it was not too long, and the condition of the unit was not the best, you can use that against her.

Answer 6

Look in the phone book or online for your State Attorney General's office or City Attorney's office. One or both of them will probably have a division for consumer advocacy. Call them and ask for help.

If they can't help, try the local Bar Association or Legal Aid Society for a referral to a lawyer. You need a lawyer who specializes in tenant-landlord issues.

Answer 7

Since you don't write like an American, I assume you are in another country.

In America we have 'small claims court'. It costs a very small fee to tell your story to a judge. You will probably win.