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Old 01-13-2013, 02:52 AM
 
Location: Florida
23,173 posts, read 26,197,836 times
Reputation: 27914

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Ah ha....you are contesting them holding all or some of your security deposit?
OK.....here's my opinion. Take 1/4 of one days rent as an offset.
Believe it or not, I had missed willow wind's reply until I was rechecking my post for spelling....so independently came up with the same amount.
There! That's two matching opinions.
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Old 01-13-2013, 05:24 AM
 
Location: Southern New Hampshire
10,048 posts, read 18,072,703 times
Reputation: 35846
Quote:
Originally Posted by Angelcake4 View Post
However, now he is withholding part of the deposit due to other things that we had nothing to do with.
This makes no sense at all. If we asked him why he was withholding part of your deposit, what would he say? I seriously doubt his answer would be "things they had nothing to do with at all."

Again, it sounds like you were inconvenienced, but now it sounds like you are really most angry that he is withholding part of your deposit (presumably for something unrelated to the cold, but you gave no details at all so I guess we are just supposed to believe that this owner just randomly decided to charge your deposit for no reason at all ... which again makes no SENSE at all). So now you want to, in a sense, counter-argue with him (I was going to write "counter-sue," but you're not in court -- yet!).

You still didn't say what the rental agreement said. Despite the cold, you clearly were not inconvenienced enough to actually leave. I assume you were out of the unit during the day (since you were on vacation), but you didn't answer that either so that's all I can do -- assume.

What would be fair? Given what you've said, maybe a 5% discount. I suspect you will not be happy with that.
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Old 01-13-2013, 06:26 AM
 
10,746 posts, read 26,022,258 times
Reputation: 16033
Quote:
Originally Posted by karen_in_nh_2012 View Post
This makes no sense at all. If we asked him why he was withholding part of your deposit, what would he say? I seriously doubt his answer would be "things they had nothing to do with at all."

Again, it sounds like you were inconvenienced, but now it sounds like you are really most angry that he is withholding part of your deposit (presumably for something unrelated to the cold, but you gave no details at all so I guess we are just supposed to believe that this owner just randomly decided to charge your deposit for no reason at all ... which again makes no SENSE at all). So now you want to, in a sense, counter-argue with him (I was going to write "counter-sue," but you're not in court -- yet!).

You still didn't say what the rental agreement said. Despite the cold, you clearly were not inconvenienced enough to actually leave. I assume you were out of the unit during the day (since you were on vacation), but you didn't answer that either so that's all I can do -- assume.

What would be fair? Given what you've said, maybe a 5% discount. I suspect you will not be happy with that.

This story just gets better and better.

I think we all knew there were some very important details being left out. Having a landlord withold your deposit for damage is a very important detail

If the OP found issues upon arrival, (neglectful conditions I believe they said) it's their responsibility to notify the landlord right away. Doesn't matter if the landlord is away on an emergency or not, he should've been notified by the tenant that there were issues.
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Old 01-13-2013, 08:11 AM
 
571 posts, read 1,201,074 times
Reputation: 1452
Quote:
Originally Posted by karen_in_nh_2012 View Post
This makes no sense at all. If we asked him why he was withholding part of your deposit, what would he say? I seriously doubt his answer would be "things they had nothing to do with at all."

Again, it sounds like you were inconvenienced, but now it sounds like you are really most angry that he is withholding part of your deposit (presumably for something unrelated to the cold, but you gave no details at all so I guess we are just supposed to believe that this owner just randomly decided to charge your deposit for no reason at all ... which again makes no SENSE at all). So now you want to, in a sense, counter-argue with him (I was going to write "counter-sue," but you're not in court -- yet!).

You still didn't say what the rental agreement said. Despite the cold, you clearly were not inconvenienced enough to actually leave. I assume you were out of the unit during the day (since you were on vacation), but you didn't answer that either so that's all I can do -- assume.

What would be fair? Given what you've said, maybe a 5% discount. I suspect you will not be happy with that.
Of course, there are even MORE details here. No one has the patience to read a novel. I know the landlord wants to deduct a certain amount. I'm dealing with that separately.

I think it fair that we be credited due to heat being out 24 hours. The garage was piled high with stinky trash and there are a few other things, but as I said, this is then becoming too long and entangled.

Given the above, I simply wanted to know what is reasonable for me to ask for the heat.

I'm not asking for people to mix the two issues and arrive at a conclusion.

Thanks all for the responses. A few of them were quite helpful.
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Old 01-13-2013, 08:51 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,703,004 times
Reputation: 26727
Quote:
Originally Posted by Angelcake4 View Post
Given the above, I simply wanted to know what is reasonable for me to ask for the heat.
Two posters have already independently come up with 25% of one day's rent and this seems perfectly fair and reasonable to me.
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Old 01-13-2013, 05:59 PM
 
16,376 posts, read 22,486,570 times
Reputation: 14398
I think you should be credited for 1/7th (one day of the 7 days).

You were on vacation. You were expected to be enjoying yourself. Instead, you were freezing. Your vacation day was pretty much ruined while you tried to stay warm and keep from freezing to death.

You would never have known how long this would be off. I understand why you didn't get a hotel immediately. Maybe you thought the heat would be back in a few hours. Or maybe you thought you could handle the loss of heat. It probably got worse and worse and before you knew it, it was the middle of the night when it is coldest temps. By then, nobody in their right mind would wake up children and go find a hotel in the middle of the night. Instead, your stay under the covers and try to keep from becoming a family of popsicles.
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Old 01-13-2013, 09:14 PM
 
571 posts, read 1,201,074 times
Reputation: 1452
Quote:
Originally Posted by sware2cod View Post
I think you should be credited for 1/7th (one day of the 7 days).

You were on vacation. You were expected to be enjoying yourself. Instead, you were freezing. Your vacation day was pretty much ruined while you tried to stay warm and keep from freezing to death.

You would never have known how long this would be off. I understand why you didn't get a hotel immediately. Maybe you thought the heat would be back in a few hours. Or maybe you thought you could handle the loss of heat. It probably got worse and worse and before you knew it, it was the middle of the night when it is coldest temps. By then, nobody in their right mind would wake up children and go find a hotel in the middle of the night. Instead, your stay under the covers and try to keep from becoming a family of popsicles.

LOL - that pretty much covers it. The kids could not bring themselves to shower in the morning, it was so cold. The oldest did and he almost boiled himself.

I've spoken to the landlord in length and all has come to a conclusion we are happy with.

Thanks again for the input!
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