I moved in to an apt. on Aug. 6th,2007. At that time the landlord did not request a security deposit. Upon moving in I could see why. The walls were dirty and had different colors of splattered paint ( previous tenant was an artist) and the carpet was filthy and covered in dog hair. I called the landlord but he was out of town. I cleaned the place up. 3 weeks later he called requesting a security deposit and agreed the apt was a mess. He said he would "work with me on the deposit. I gave him $200 at that time. In sept. he gave me a lease to sign...which i did and i made a not on the lease as to the condition of the apt. Sept and Oct. I gave him more money towards the deposit which left me owing $100 as of nov.1. Meantime I have been paying my rent on time. I received an eviction notoice and court date for the remaining $100 PLUS $5 A day late fees from day one. I did not receive a 7 day notice. This does not seem right or fair at all. Any suggestions?
2007-11-21 01:10:12 · 4 answers · asked by 2 cents 5 in Business & Finance ➔ Renting & Real Estate
What does your rental agreement state?
Does it state you owe a Security Deposit?
Did you inspect the apt prior to moving in?
Did you document the conditions of the apt in writing or by pictures?
What does the lease state as far as late fees.
All of these things are to be stated in the lease, if it makes no mention of a security deposit or late fees then you owe him nothing and need to bring proof of paying him to court so that you can get your money back.
2007-11-21 01:20:46 · answer #1 · answered by brandonlahman 4 · 0⤊ 0⤋
Your best recourse would be to go to court and explain to the judge that you had an "arrangement" with the LL to pay the security deposit and that you had paid money towards it. Explain exactly what you've told us here and be sure to bring copies of the cancelled checks and hopefully you kept a copy of the lease with your notation to the LL regarding the condition of the apartment upon move in. It would be nice if you'd taken photographs to show the condition of the place upon your move in. You've done what he's asked you to do and if the lease did not state you were required to pay a security deposit then it's going to work in your favor. You have been trying to make good on the deposit and that will also work in your favor. He should not have charged you a $5 a day late fee from day one especially since he didn't notify you of needing a deposit until a month after you'd moved in, technically he can only charge you from November 1st. What were the conditions of his agreement to "work" with you regarding the deposit? Did he give you a time frame on when to get the entire thing to him?
What he's doing is crappy to send you an eviction notice after you moved into a dirty apartment and cleaned it up.
chances are you'll win, a lot of states are pro-tenant and will not let a LL get away with being a jerk.
Just make sure you have all your documentation when you go to court in order to prove your case.
2007-11-21 01:47:50 · answer #2 · answered by Weimaraner Mom 7 · 0⤊ 0⤋
I hope you took pictures of the apartment before you cleaned it up and that all of your dealings with the landlord are in writing. It seems silly that any landlord would want to evict a tennant that cleaned up a dirty apartment so they could move in and also paid their rent on time. Call your landlord and try to talk with him. It doesnt do anyone any good to go to court. Next time you rent, find a more reliable landlord who does things by the book.
2007-11-21 01:20:50 · answer #3 · answered by Diane M 7 · 0⤊ 0⤋
sounds like a greedy landlord, you will need to fight this one in court, you will need to show up on the court date
few things, my bet the per day late fee even if you signed it would be found invalid, since late fees are not meant to be punishment but to actually represent the actual loss of the landlord
on the security deposit, amount what was the agreement for payment of the security deposit?
2007-11-21 01:17:20 · answer #4 · answered by goz1111 7 · 1⤊ 0⤋