Landlord threatning to sue for not giving a written termination notice (apartment, lease) - Apartments, houses, lease, tenant, landlord, agreements, termination - City-Data Forum

AnnaSachi · 04-20-2011, 05:54 PM

Our lease ended in November of 2010 and we decided to move out Feb 2011. We called at the beginning of feb to give our notice and our landlord accepted. He put the for rent sign out in the yard about a week later AND required that we allow him to show the apartment to possible tenants.

After we moved out we waited patiently for our deposit only calling him when it became 27 days after we moved out. He then sent a check in the mail for only a portion of our deposit and a handwritten list that was completely illegible. The only word I could make out was DUSTY. According to GA law he must send this list 3-5 days after we move out and we are then able to see the apartment and verify the damages. SO we sent him a letter explaining this and that we would take him to small claims court if he didn't return the remaining deposit.

He then returns the remaining part of the deposit with a letter stating that he is going to take us to court for damages and for not signing a written termination. **I would think that returning a portion of our deposit and a list of damages would show that he accepted our oral termination. RIGHT??!!

Can he do this or am I screwed for not signing oral termination??

STT Resident · 04-20-2011, 06:08 PM

He sounds like an idiot and it would be really foolish of him to take you to court. Why on earth would he return the remainder of your security deposit if he intended to pursue further damages? You have your deposit back so ignore it and let him go forward if he sees fit. Keep all your documentation and he'll fall flat on his face in Small Claims Court if he's daft enough to go that route.

tandasullivan · 04-20-2011, 07:31 PM

Whats the real issue - damage/cleanliness or lack of notice of termination? Sounds like you went month-to-month on the lease and, depending on state and local law some notice is required. Verbal is generally okay. IF the issue is returning the property to move-in condition minus normal wear and tear - was there a MOVE-IN inspection? If not - he may be SOL anyway and you would get your deposit back.

ShaneSA · 04-20-2011, 09:50 PM

I'd ignore anything else from the LL. Keep the records of the deposit returns, and his note of possible damages and write down the dates and purpose of the calls. Then file it all away and forget it. If the LL is idiot enough to file in small claims, you are armed and he has a cooked goose. Stop worrying and get on with life.

manderly6 · 04-21-2011, 12:37 AM

Agree with everyone else. Keep all your documentation and just forget about your wack job ex LL.

raleighkc · 04-21-2011, 06:03 AM

Usually when a lease ends, it automatically becomes a M2M lease if the tenant/LL don't sign a new lease. If you do go to court, it will be your word against his. He may deny the verbal notice of termination ever happened. If both parties signed a written lease that required a written notice of termination, then his case would be stronger. But if he didn't keep good records of the property condition before move-in and after move-in, the judge may not consider his case very strong. And the fact that he returned most of your security deposit may imply to the judge that the property condition was satisfactory and that he accepted your notice of termination. The judge may think his case is weak. It's smart that you have been communicating in writing. Definitely continue on that route, but at this point, I would stop communication. If he is going to do legal action, then you'll get served, but he may just be trying to be blustery to bully you. Look for a local tenant help association that can provide advice and may representation for you IF the case goes to court. And in the future, now you know to always insist on written/signed everything to or from a LL. Good luck!

STT Resident · 04-21-2011, 06:10 AM

Quote:

Originally Posted by raleighkc

And the fact that he returned most of your security deposit ..

He has returned ALL the security deposit.

raleighkc · 04-21-2011, 06:15 AM

Okay STT Resident, sorry I didn't notice that small part. Even if he had returned most, instead of all the security deposit, I think that the court would see an implied agreement between that the lease ended to the satisfaction of both parties. I don't think the OP, AnnaSachi, has to worry.

STT Resident · 04-21-2011, 06:34 AM

Quote:

Originally Posted by raleighkc

Okay STT Resident, sorry I didn't notice that small part. Even if he had returned most, instead of all the security deposit, I think that the court would see an implied agreement between that the lease ended to the satisfaction of both parties. I don't think the OP, AnnaSachi, has to worry.

Exactly - as everyone has agreed upon.