Keeing security deposit and wanting more money???

Question

I lived in my past apartment for 2 1/2 year. I fulfilled my lease, which was for 1 year only. I moved out without giving a 30 days notice. The date I vacated was on 12/9. My rent was roughly $23 a day ($700/mo) So basically I owed 9 days rent. My deposit was for $350. My landlord is trying to keep my WHOLE deposit, AND charge me another $357. What should I do? Can they keep the whole deposit and charge me more? The only problem in the place was a few unchanged light bulbs, and a cabinet door hinge which had broken. I cleaned, mopped, and vaccumed. I even shampooed the carpet. Shouldnt the security deposit cover my rent for 9 days and the hinge??? The state is Kentucky. What are the laws here??

Thanks for all the answers, but I actually talked with someone who is certain. She turned my electricity off on the 10th, which in KY,is illegal. Especially since I was never late once for 2 1/2 years. Also, the letter she sent was not itemized. So when she turned off the electric, that gave me the ability to void the lease.

Answer 1

As the first poster said, you stayed past your one year, which automatically converts the lease into a month-to-month tenancy, in which case you are required to give 30-days notice.

Here are some of the laws in KY:
http://www.louisvillelaw.com/topical/landlord.htm
and
http://www.lrc.ky.gov/KRS/383-00/CHAPTER.HTM

You would owe 30 days rent, unless the landlord was able to rent out the property shortly after you left (which is usually doubtful at this time of year). She would have to advertise in the paper (or however she advertised) and it usually takes time to find new renters (which is why a 30-day notice is required/given).

Your security deposit would cover 1/2 a month's rent (assuming she was able to rent the premises by 12/15) but if she wasn't and the only person she could get to move in won't move in until the 1st of January, then you are responsible for the entire December rent.

Answer 2

Not so fast...if you go back and re-read your lease, you will find out that you owe her for TWO months rent because most leases, a landlord will clearly state that they will not prorate.

This is because, after the first of the month, it is very, very difficult for a landlord to lease a property.

You had a contractual obigation to provide a 30-day notice. You MADE THE CHOICE not to do that.

Even if you fulfilled the 1-year lease, your lease probably states that at the end a month-to-month tenancy takes it's place in the event of a non-renewal...that is why you still owed her a 30-day notice.

So NO, you don't owe her for 9 days...you vacated on the 9th...so 30 days from there would be on January 9th.

So since she does NOT have to prorate, you owe for the ENTIRE month of December AND January.

That is why they can keep the entire deposit and charge you more. You made a very stupid mistake just for being too lazy to write a letter.

Since she is asking, not for $1400, but for $357, I would pay her..because if she takes you to court, she WILL win.

Answer 3

even though you moved out on the 9th you owe for the whole month. that is why you need to give the landlord 30 days notice so that way he can try to find another tenant to move in the day after you move out without losing any rent. just be glad he isn't charging you more money to change light bulbs and to fix the hinge. pay up!!!

Answer 4

google will find KY's tenant laws

in most states, if you stay on past the end date of your lease with owner's permission, you are automatically on 30 day rental period with required 30 day notice from either party to the other of any material change [includes rent increase, non-renewal, etc.].

in your case, if you didn't tell landlord anything, he has right to charge you for 30 days rent from the date he discovered you were gone -- at least in most states.

Answer 5

Since you failed to give proper notice, the landlord is entitled to rent for the entire month of December. And since you were still their for part of December, most states would also hold you liable for the full month of January's rent as well.

Answer 6

http://162.114.4.13/krs/383-00/CHAPTER.HTM

try this site of kentucky rental laws
here in missouri they will keep your disposit for a scratch on the wall. deposits are hard to get back here.

Answer 7

This link will tell you the basics and where you can find more. every tenant and every landlord should know their rights and the rules. good luck!


http://www.federalrealestate.net/laws/ky.html

Answer 8

you should have gave the 30-day notice, along with your last months rent payment, cleaned it up, been out w/ pictures, and probably wouldnt have these questions now...........