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The landlord is not doing anything improper. You are. The landlord can sue you for the balance of the lease and deduct cleaning and repair from the security deposit. The landlord at least in florida is under no obligation to use the security deposit as rent.
You're replying to the old OP. There's a new question on the table from another poster.
Quote:
Originally Posted by Laurie Punches
OK, I understand that my note gave her the open-ended option to get out of the lease and get back her security deposit... However, on her 32 item to-do list, some of the items purchased and services requested cost over half her security deposit so tenant could feel safe and happy, but were unnecessary. Am I able to ad up the receipts of these items and deduct them from the security deposit returned?
In my opinion, emphatically no. You made a deal in writing and that's good enough for any court. Fortunately you've found new tenants so move on.
I moved into my unit June 1st. And moved out June 5 due to them being invested with roaches they bomb my house for the whole 5 days I was living their the problem began getting worser the roaches where comin out of the tub drain and sink! so I told the landlord I had to move the conditions were to unbearable I couldnt be in my own hous because the roaches and the bombs they where using the land lord said he understood if I had to leav so I moved out and gave them the keys the landlord told me it would take 21 days in order for me to receive my first month and my deposit, 21 days has passed now the landlord says that the property owner said I can't get any money back unless I find a replacement or I don't get any money back I told him that his employee the landlord told me it was okay being that he's the landlord watching over the property
I moved into my unit June 1st. And moved out June 5 due to them being invested with roaches they bomb my house for the whole 5 days I was living their the problem began getting worser the roaches where comin out of the tub drain and sink! so I told the landlord I had to move the conditions were to unbearable I couldnt be in my own hous because the roaches and the bombs they where using the land lord said he understood if I had to leav so I moved out and gave them the keys the landlord told me it would take 21 days in order for me to receive my first month and my deposit, 21 days has passed now the landlord says that the property owner said I can't get any money back unless I find a replacement or I don't get any money back I told him that his employee the landlord told me it was okay being that he's the landlord watching over the property
Your contractual obligation (lease) is with the person named on the lease as the landlord. Any changes to the lease and any disputes have to be made in writing and agreed to by both tenant and landlord. Suggest you go to the first "sticky" on this forum and find a link to your state landlord tenant laws and then read the applicable sections. Good luck.
I moved into my unit June 1st. And moved out June 5 due to them being invested with roaches they bomb my house for the whole 5 days I was living their the problem began getting worser the roaches where comin out of the tub drain and sink! so I told the landlord I had to move the conditions were to unbearable I couldnt be in my own hous because the roaches and the bombs they where using the land lord said he understood if I had to leav so I moved out and gave them the keys the landlord told me it would take 21 days in order for me to receive my first month and my deposit, 21 days has passed now the landlord says that the property owner said I can't get any money back unless I find a replacement or I don't get any money back I told him that his employee the landlord told me it was okay being that he's the landlord watching over the property
In California, you can break a lease if the place is uninhabitable, and a cockroach infestation qualifies. Put your request for your money back in writing, then go to small claims court and let the judge decide what's fair.
In California, you can break a lease if the place is uninhabitable, and a cockroach infestation qualifies. Put your request for your money back in writing, then go to small claims court and let the judge decide what's fair.
And if all this back and forth has been orally and nothing has been put in writing, good luck with that! If the OP has everything in writing and has photographs to back it all up then he's on good footing to prevail but one can't go into court with a, "he said she said" case and expect a miracle.
I pretty much always assume my 'deposit' is lost forever...it seems like it's nearly impossible to get it back!
More tenants should go to court to get their deposits back. My daughter has sued in small claims court over her deposit three times and won each time. Once was over not getting the pre-move-out inspection. The landlord couter-sued, then appealed, and she still won 100% of her deposit back.
And as far as the "he said, she said" stuff, depending on the amount of the deposit, it may still be worth it to go to court. Court fees are usually under $100. If you win, the court makes the other side pay your court fees.
If my deposit was $1,000, you can bet it would be worth $100 (or even $200 in the off chance I lose) to try and get it back.
And as far as the "he said, she said" stuff, depending on the amount of the deposit, it may still be worth it to go to court. Court fees are usually under $100. If you win, the court makes the other side pay your court fees.
"May" is the operative word and anybody contemplating fighting in court over a comparatively small amount has to weigh costs other than the minimal filing fees. You don't get compensated for the time you spend preparing for court nor for appearing in court. Working people have to either take a personal day, a vacation day or an unpaid day to appear and it's not unusual for a court date to be postponed to another day at the very last minute with no advance notice. And it's not a given that if you prevail your court costs are automatically awarded to you. That's a discretionary judgement.
My landlord (whom my neighbors call a slumlord) had not provided us a working refrigerator for eight months and had not fixed the swamp cooler for three months in a 114 degree weather here in the desert. I want to vacate, hold my rent, try to get my deposit back and get out of this town. Amoung other reasons which are too many to list has been very brutal to our physical, mental and emotional health. This has been complete hell on earth stay. Help
you are in yours right to a comfortable habitas,no! coolant,no frig, and after 8 mos, in an a"good faith" attempt,to "Remidy the situation.gives you "Grounds.That a judge would look on your case favorable.the things you have tried to get is "the Law" in most States?
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