The land lord on occasion would decrease the rent by $40 or $50 dollars for no reason of ours. We NEVER asked her to do so, we were never late and never asked for an extention. But she is now saying the other part of the deposit she is keeping is for the deduction of the rent. (the deduction of the rent she did on her own!)
She has made no other repairs on the house (repairs that she is charging us for) because the house has now sold and the new owners are living in it.
Can she do that? I am thinking of filing for small claims. What should I do? Try to call her and work something else out?
please help,
thanks from TX
2007-03-19 05:46:18 · 4 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
simply put, she is stealing from you...
2007-03-19 05:53:29 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Hpoefully you have some paperwork. Did she just tell you it would be less? Here's the thing regardless..... if she was reducing the rent she would have to notify you. If you were there a period of time and she felt that she was owed she would have notified you before, not now. Obviously she was lowering it slowly so that she could keep you there until she sold it.
Do you have checks? A judge will look at the dates and such and see that you paid regularly. But aside from that since you have moved and you could just be out of luck no harm in going all of the way. Making nice with all these irregularities sounds like it will get you nowhere.
Any judge will figure that your landlord was pulling something. So explain to her that you are calling to resolve the situation. You now know that rent and security deposit are seperate. If she resists say fine "We will see you in court". And you may point out that charging you for repairs in most states, unless she can prove they are a result of your actions is illegal. It may actually cost her more money if you don't get your money back.
When you call write the time down and what was said even if you leave a message. Do not engage in a he said she said. People who try to rip people off are rarely ready for somebody who gets their ducks in line. That why when you get to court you can show that you attempted due diligence in attempting to resolve this. I have been down this road. I so wish I knew the details to answer better.
2007-03-19 07:23:29 · answer #2 · answered by jackson 7 · 0⤊ 0⤋
There are very strict rules on how security deposit's should be applied. It can only be applied towards DAMAGE CAUSED DURING THE TENANCY OTHER THAN NORMAL WEAR AND TEAR. It cannot be applied towards rent.
If she feels that you owe back rent, she has to bill you seperately for it. Then you as tenant agree whether payment due should be deucted from the deposit or made separately.....Also, in regard to the rent discount...can you prove this with an invoiced billing showing an mount due LESS than that stated in the lease? If not, you have an uphill battle in front of you...
2007-03-19 06:07:47 · answer #3 · answered by boston857 5 · 1⤊ 0⤋
Legally your landlord must have placed the deposit into the authorities tenancy deposit scheme, which signifies that he ought to could grant a strong reason behind no longer returning your deposit. no longer cleansing the living house windows doesn't be deemed a valid reason, he ought to declare the cost of cleansing them yet that doesn't be £800. inspect the information superhighway web site below, that ought to grant you with more advantageous assistance about your rights
2016-11-26 22:32:00 · answer #4 · answered by ? 4 · 0⤊ 0⤋