Do i get my deposit back?

Question

My roomate and I rented a mobile home. I moved out but he stayed in it. I paid the whole deposit and he didn't help at all with it. The landlord is saying i have no deposit coming back to me. Anything that needed to be done to the house was well under the amount of my deposit. I have also been told if I moved out and he stayed in the home that he takes it as is. And since he didn't pay any of the deposit. He used his own money to fix some stuff instead putting a deposit down. The landlord said it took all of the deposit to fix the house and I owe him more money and he wants it or he is going to take me to court. I am in Florida.

I had a 1 year lease and fullfilled the 1 year

I never signed a move in walkthru or a vacating walkthru

Answer 1

This is long, but very accurate:

First read your lease. Then call your local/state tenants' council (or the equivalent) and find under what circumstances a landlord is required to return your deposit. If laws are not followed correctly then you can sue or file a counter-suit.

You said that you AND your roommate signed the lease. So then you are both responsible for the lease. You did not get yourself out of that contract, you simply left the dwelling.

If your roommate did not put up the money for the deposit then that is your money to lose, unfortunately. If anything was destroyed (your fault, your roommates or anyone else's) you are BOTH responsible in accordance with the lease agreement, even if it exceeds your deposit.

Learn to seperate issues. For example, the money that was put down to secure the lease is of no consequence in determining character. It doesn't demonstrate that you were a more responsible person, that you were trusting, had a better job, or that you were sweet and thoughful. Your deposit simply proves that you put the deposit down and that's it!

If your landlord is saying that you owe MORE money or if you want your deposit back then he needs to have reciepts or estimates to prove actual damages.

If these damages can be proven then you AND anyone that put their name on the lease are liable. So the landlord can keep your money and then sue you both for more. He doesn't HAVE to sue you both. He could just come after you. He is going to go after the easiest target.

Now, if your landlord sues you and you lose, then you may then sue your roommate. Then you can establish that you had moved out and that he caused that you were had to pay for his damages - you were sued because of him and lost. But if you do this you are going to have to specifically set out to prove that you and your roommate had some sort of agreement in that he was going to be responsible and that you did not recklessly abandon your lease.

If there was no agreement in writing or you cannot demonstrate that there was some sort of verbal agreement, then you will not recover anything from him in court.

This "as is" business that you mentioned your land lord had discussed might actually help you. NOW, follow me, please. If you can show in court that your landlord VERBALLY acknowledged that he had a discussion with your roommate to take the property "as is," then you can try to argue that the landlord clearly understood that there was a new arrangement.

You might prepare yourself before hand by sending an email or a letter to your landlord and roommate asking them to explain what "as is" meant. Then you let them divulge information.

Have the information with you in court, show it, and ask about it before the judge. Ask the opposite party, "Please explain what you meant, when the condition of the property was accepted 'as is'?"

(you are setting a trap)

Let the person explain. You don't get caught up on the details of that. Rather, let them trip over that.

Then you argue to the judge, "Your honor, he just testified that he discussed that the property would be accepted 'as is' So it clearly demonatrates that what continued from that day forward was NEW and that both the landlord and the roommate understood and agreed to that change."

So THEN you can argue that the damages when you left were $ A amount, and AFTER you left, they became $ B amount.

"So, Your Honor it is only fair that I be responsible for half of amount A because we (my roomate and I) shared tennancy during that period, and that there was a verbal agreement between all parties after I left." The remaining amount of damages that the landlord is seeking is became no longer your responsibility when the "as is" conversation took place.

So you can argue that you are "improper party" to those damages. "Improper party" means that there might have been damages, but YOU are not the right person to sue for the loss. So you are trying to limit your liability
So basically, "My roommate is the one that should be sued to make up any differences, not me." The judge may or may not buy this, it's up to him/her.

Make sure that your lease has expired. Because if your roommate does not pay rent, the landlord is going to come after you for backrent and property damages (that will certainly add up to more than your deposit). So try to resolve this AFTER the lease expires.

Understand these things about court. You must clearly strategize. Ask certain questions first and set things up in your favor, then you might come out better. Be very concise. Do not allow any of your own arguements to overlap, or you will get caught chasing your tail. Do not set yourself up in your own trap. If you are in court do not let emotions control your mouth. Feelings do not matter in court. Focus an A, B, C, and so forth. Answer only the question asked, then zip it. When you receive information let them explain. THEN you argue TO the judge. Do not address the other person in court unless given permission to cross examine. This will be respectful to the judge and make you look better. Allow the other guy to be a ranting and emotional basket case. You are not in court to triumph over anyone, you are there to recover your losses and leave. The judges responsibility is to "make all parties whole."

You're already on the losing end of this because your landlord has a contract AND your money.

So at least learn a lesson. Contain the damage. You might even chalk up your loss and scream poor to the landlord, so that he thinks that it is not worth a pursuit. Making someone feel like they are the winnre does not mean that they actually are.

And next time, you should have contracts between roommates that clearly spells things out (outside of the realms of the lease). This will protect you in the event that you can show legal justification if you have a bill in your name (telephone for instance) and your roommate runs it up. Or if you and your roommate decide to seperate who will be responsible for upholding the remainder of the lease? If you leave, get half of the deposit from your roommate or an IOU. Then they have some "skin" in the deal. Then you take photographs of before and after.

Always go into things protecting yourself from the worst case scenario (exit strategy). Then there is no need to fuss and fight. It is clear.

Answer 2

You're in a bind. No deposit back because you broke the lease. That accomplished when the roommate moved out as he was a co-leasee. He can take you to court for the damages. I assume he finds it easier and more likely to collect from you rather than the roommate. All the landlord really need do is show tecepts to the court for repairs and pretty much a cinch that is what he will get. My suggestion? I would seriously consider moving to another state and lay low if the damages are likely high. Not hard at all for things to get to $5000. And next time when you rent or lease get before and after pictures. Befor should have notes further describing damages. I know places that require entire interior repaints, carpet and drape cleaning prior to a new tenant. Move early you pay.

Answer 3

I filed on the seventeenth and my return replaced into standard on the seventeenth as nicely. I also have a "get carry of through Jan thirty first" date on WMR. that's beginning to fret me. the internet web site has been down all weekend and the hotline is telling me the comparable a million/31 date. i actually desire this updates this night in some unspecified time interior the destiny so all of us have some peace of techniques. At this element i think of it would be a miracle if I have been given my refund through the top of the week. Does every person else have a DD through a million/25 date while they call the hotline? My refund replaced into standard the 1st a threat day refunds could be standard, so that's all so confusing for me. I even have heard some human beings have a a million/25 DD date and others have a a million/31 date. That does'nt make me sense very effective that issues will artwork out in my choose.

Answer 4

He needs to send you a list of the repairs he thinks needs to be made with a cost attached.

Florida law is different from NM, but here, if they don't give you a written list within 30 days of the end of the list, you are entitled to all of your money back. Check your laws there. Your landlord may be trying to get you to back down or your roommate may have cause a bunch of damage after you left.,