[Brat1]

I'll try and keep this brief.

We lived in a rental in Bethel, since February 2010. There were many maintenance issues with the house that were never addressed by the landlord. On her permission, we re-painted the whole house as it was in need of it, and replaced the bedroom carpets, all at our own expense. Anyway, at the end of the first year, we were going to move out, had enough, but we'd had a lot to deal with that first year, the kids had not settled easily, so we decided to re-negotiate with the landlord and stay another year, which we did.

Anyway, towards the end of last year, we served her with a Constructive Eviction order as the electric issues were never resolved and we had major problems with the water from the well, sometimes no water at all. We did it the correct way, gave her the proper notice to fix it etc. She didn't. So we served the notice and moved out on December 10th.

She never returned our $4000 security plus interest within the State law of 30 days. She has kept it. She has never sent us a detailed list of what she has kept the $4000 for?!?!? Instead, she sent us a lawsuit on January 5th, suing us for $5,000 for rent and "damages"?!?!? She has had the house re-rented at a profit of a further $200 a month, since January 1st. She never filed the lawsuit after we received it, and she's supposed to file with the court within 1 month from date of service. So, we sent her a lawsuit for the security deposit, which she received on Monday of this week. Only now, she's decided to file with the court on Wednesday!!

So, my question is, if you haven't fallen asleep by now, is what the hell do I do. We know the house is not to code and I'm kicking myself now for not putting a formal complaint to the health department. I did enquire, and had it written out, but never submitted it as I knew that the issues would make the house non-rentable and I know her husband is out of work. This is complicated so I hope that you guys understand my predicament. Any advice would be much appreciated :-)

[S2000]

Not only security but plus accrued interest When you go to court please bring all the information you have including the paperwork you sent them as backup. Did you document the condition of the house? Are there pictures. This would be a win win on your part if you do have them. The judge will be throwing the book at them.

These are the types of landlords that gives us a bad name.

CHAPTER 831* ADVANCE RENTAL PAYMENT. SECURITY DEPOSITS

Note "Any such landlord who violates any provision of this subsection shall be liable for twice the amount or value of any security deposit paid by such tenant, except that, if the violation is the failure to deliver the accrued interest, such landlord shall only be liable for twice the amount of such accrued interest."

Penalties. (1) Any person who is a landlord at the time of termination of a tenancy and who knowingly and wilfully fails to pay all or any part of a security deposit when due shall be subject to a fine of not more than two hundred fifty dollars for each offense

[JayCT]

I would see a lawyer. Jay

[TobinJ]

Agree with jay...visit the ct bar website and use their find a lawyer tool. I would guess there are many aspects to both sides of the story. Simply put...you rocked the boat she's rocking it back. I doubt you can resolve this without an attorney or judge with both of you filing suit. With RE issues there's not much space for keeping a deposit beyond the date without filed cause so expect to get it back. Hiring an attorney, theyll call on your behalf extracting the emotion. In the meantime DO NOT have any communication with her if you plan to hire an attorney. If you pursue on your own, keep communication to written letters sent with return receipt signature required. Keep conversations brief and formal (if at all). You can't record her for the most part so the calls won't be as effective as written materials. Show up to all court dates on time dressed professionally, speak when spoken to only, bring EVERYTHING.

[MrGompers]

Assuming your facts above are true you have nothing to worry about. If a landlord doesn't return your deposit with interest or provide a detailed list of deductions they are toast. You can sue for DOUBLE the amount of the security deposit and you'll get it. These cases can take up to a year to come before a judge so if you need the money maybe you can work something out with the landlord.

The one potential issue I see with your case is you said the landlord's husband was out of work. One can infer from that that they are short on cash. If they were faced with a large judgement against them would they have to file bankruptcy? If you won double the amount ($8000) it doesn't seem like they are in a position to pay that.

Some debts can not be discharged in bankruptcy such as student loans, and taxes. I'm not sure if security deposits can be discharged, so for that I would call a lawyer to find out.

If you are vindictive you can contact the building code dept, fire dept, and health dept for the town and report violations. If the violations are serious enough the house can be condemned and everyone will have to vacate until the violations are fixed.

[Cambium]

Originally Posted by Brat1

I'll try and keep this brief.

We lived in a rental in Bethel, since February 2010. There were many maintenance issues with the house that were never addressed by the landlord. On her permission, we re-painted the whole house as it was in need of it, and replaced the bedroom carpets, all at our own expense. Anyway, at the end of the first year, we were going to move out, had enough, but we'd had a lot to deal with that first year, the kids had not settled easily, so we decided to re-negotiate with the landlord and stay another year, which we did.

Anyway, towards the end of last year, we served her with a Constructive Eviction order as the electric issues were never resolved and we had major problems with the water from the well, sometimes no water at all. We did it the correct way, gave her the proper notice to fix it etc. She didn't. So we served the notice and moved out on December 10th.

She never returned our $4000 security plus interest within the State law of 30 days. She has kept it. She has never sent us a detailed list of what she has kept the $4000 for?!?!? Instead, she sent us a lawsuit on January 5th, suing us for $5,000 for rent and "damages"?!?!? She has had the house re-rented at a profit of a further $200 a month, since January 1st. She never filed the lawsuit after we received it, and she's supposed to file with the court within 1 month from date of service. So, we sent her a lawsuit for the security deposit, which she received on Monday of this week. Only now, she's decided to file with the court on Wednesday!!

So, my question is, if you haven't fallen asleep by now, is what the hell do I do. We know the house is not to code and I'm kicking myself now for not putting a formal complaint to the health department. I did enquire, and had it written out, but never submitted it as I knew that the issues would make the house non-rentable and I know her husband is out of work. This is complicated so I hope that you guys understand my predicament. Any advice would be much appreciated :-)

You'll get more opinions then "expert legal" advice here.

If you have a "written" agreement to stay until a certain time frame and you do not without agreement by landlord, then you have no chance in court. Unless they threatened you. Condition of property is not going to help you. Before moving in, you need to inspect the property...I make sure in my leases it says "you have inspected premises and will remain the same upon leaving" to that nature...and after all, you signed a year extension after knowing the issues??

I personally never let a tenant live in an uncomfortable enviroment but a bonding contract is set in stone. No changing that unless BOTH parties agree. They have a right to keep the deposit AT LEAST. If it was that easy to just send a letter and move out people would take advantage of every landlord. never ever talk about Landlords financials, Thats none of anyones business and does not change the texture of the agreement. Think about the loss of no rental income after you left. She could have lost the property to the bank.

at the end of the first year, we were going to move out, had enough, .., so we decided to re-negotiate with the landlord and stay another year, which we did

No chance in court with "conditions" as your defense. You knew how it was, and yet you extended for another year.

So we served the notice and moved out on December 10th.

Not looking good.

Get a good lawyer. The only thing that MIGHT help you is if landlord found a tenant right away.

*Disclaimer* I am not a lawyer. Everything said was mostly my own opinion.

[jdhall1]

Get a local real estate attorney right away and make sure you have documentation of everything

[mikelizard860]

Originally Posted by Cambium

You'll get more opinions then "expert legal" advice here.

If you have a "written" agreement to stay until a certain time frame and you do not without agreement by landlord, then you have no chance in court. Unless they threatened you. Condition of property is not going to help you.


*Disclaimer* I am not a lawyer. Everything said was mostly my own opinion.

Yes, you're not a lawyer. You're totally wrong and don't know anything about tenant rights. What happens if they had no running water for example and the landlord never fixed it, you think they have to stay? LMAO

On another note, A landlord suing a tenant is a waste of time for the most part, unless it's a big sum of money owed(like they rented a 8k month apartment for a 2 year lease and left after one month and you know their loaded) Lease's exist to make people "think" that they'll get sued if they leave. It will end up costing more in lawyer/court free's and there are so many excuses that a tenant can make up that's it's not worth it unless you're doing it soley to be vindictive. Bad tenants are part of the renting game. Just be happy their out of the apartment.

I find it amazing how people don't seem to understand their rights as a tenant! The landlord sounds like a complete tool. Countersue him.

[Brat1]

Thanks guys, I appreciate your input. Yes, we did stay for another year, and there were reasons why we did, but we did it on the understanding that she would fix the problems that she hadn't bothered fixing. To let you understand, we got on great with her and her husband, I've let them come in at hours at a time to move their things which they kept in the basement and attic, never refused them anything. I just can't understand why they've kept the $4000 and are now suing for $5000. We left the house in a much better condition than it was when we moved in and it was only sitting empty for just over 2 weeks. I could have gone to the housing and filed a complaint, but I'm not that sort of person and knew that the house would be left unrentable. The fact that her husband is out of work is his own fault, but I won't go in to that.

Thanks for your input, I am speaking to a friend who's a lawyer and I think we are going to counterclaim, once I get the paperwork. This is horrible :-((

[CptnRn]

I agree that Cambium does not know what he/she is talking about. A landlord has an obligation to provide a property that meets the minimum standards of habitability (heat, water, electricity, safety and privacy are usually included in most state laws), and if they do not the tenant can break the lease.

If you are actually now living in Scotland, they are probably hoping this will be too much trouble for you to contest and they will win by default if you or your attorney do not show up.

They lost any right to your security deposit or damages when they failed to provide you an itemized list of damages withing the time allowed. Definitely hire an attorney to represent you. From everything I have read you will prevail and can include attorney's costs as damages.

Connecticut Landlord - Tenant Laws:

Tenant Rights, Laws and Protections: Connecticut

Connecticut Law About Landlord/Tenant Law

CHAPTER 830* RIGHTS AND RESPONSIBILITIES OF LANDLORD AND TENANT

Landlord/Tenant/Housing Frequently Asked Questions