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Old 01-19-2012, 11:19 AM
 
Location: Rock Springs WY
405 posts, read 456,501 times
Reputation: 242

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Quote:
Originally Posted by CptnRn View Post
Probably because most tenants fail to read their lease and make no effort to understand what the law requires. They cannot demand a landlord make any and all repairs to the property, only those that materially interfere with its habitability, life and safety issues. And even then the tenant must follow the laws requirements for giving proper written notice and allowing sufficient time for the landlord to make the repairs.

It is all about understanding the laws and applying them as prescribed.
I was meaning when you move out of a place, a lot of security deposits are kept for no reason and the renter has no recourse.
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Old 01-19-2012, 02:11 PM
 
Location: Austin, TX
14,562 posts, read 21,328,614 times
Reputation: 6547
Quote:
Originally Posted by Wyomama2 View Post
I was meaning when you move out of a place, a lot of security deposits are kept for no reason and the renter has no recourse.
I understand that a lot of people feel that way. However the law does not allow security deposits to be kept for no reason and the renter does have recourse to sue in small claims court for the return of the deposit and court costs if the landlord fails to follow the legal requirements.
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Old 01-19-2012, 04:59 PM
 
Location: Rock Springs WY
405 posts, read 456,501 times
Reputation: 242
Yes they have the right to but that doesn't mean they get it back even if they should.
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Old 01-19-2012, 07:05 PM
 
Location: Austin, TX
14,562 posts, read 21,328,614 times
Reputation: 6547
Quote:
Originally Posted by Wyomama2 View Post
Yes they have the right to but that doesn't mean they get it back even if they should.
Do you actually know someone who exercised their rights according to the law and still did not get their security deposit back? If so why not?

Are you saying that the judges are corrupt and ignore the state laws? I'd like to hear more about that if it is so. I see no reason for Wyoming citizens to tolerate that.

It is my experience that most people don't really try because they assume incorrectly that they do not have any rights, and that is not the case.
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Old 01-25-2012, 10:15 AM
 
370 posts, read 839,853 times
Reputation: 207
In my friend's case it looks like the landlord thinks he can make a quick buck by not returning the deposit and he may get away with it. This may often be the case. My friend has since moved to another state and is it really worth it to come back to wyo, go to the trouble of filing the claim, ect over $650?

BTW my friend got a letter the day after posting this from the 'property mgr' stating she did not owe the $1250 for 'damages'...but that they still weren't going to return the deposit.
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Old 02-22-2012, 02:16 PM
 
1 posts, read 439 times
Reputation: 10
Unhappy Tenant appeal to eviction????

I am trying to help my daughter with an eviction appeal here. She and her soon to be ex-husband co-signed a lease, she left back in October due to domestic violence issues and there is a signed order of protection in effect for her and the kids now in another state. When she left she had only been in the residence 1 day and night, she contacted the landlord explaining the circumstances and the police report and asked to be removed from the lease that he would continue the lease agreement. The landlord at that time refused. The utilities had been in my daughter's name, which she cut off and the ex put into his name.
He failed to pay rent January and February and had his girlfriend move in with numerous unapproved animals. The landlord waited until the end of Feb here to finally evict him a week ago.
HOWEVER the landlord has harassed and threatened my daughter since the beginning of the month and never filed the 3 day notice until recently with the eviction.
Due to the order of protection, my daughter was able to appear via telephone with the court today. The ex did NOT appear. At some point the landlord was able to sway the judge to make my daughter solely responsible for January's fees, the animal rent and legal costs and he got nothing.
I need to know how to appeal this or how to turn this around as even the judge seemed to feel she should have been allowed out of the lease due to extenuating circumstances. And I feel that perhaps she has been discriminated against by the landlord and that she shouldn't be held responsible for the unauthorized pets, roommate etc. that she had no control or knowledge over.
Please tell me how we can appeal or counterclaim? Or if we can take them to court for reimbursement... etc.
Thank you!
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Old 02-22-2012, 06:03 PM
 
Location: Wyoming
6,930 posts, read 9,228,515 times
Reputation: 9029
I don't know what kind of legal advice you're going to get on this board, which is what you want/need. I'd suggest that your daughter, and maybe you too in a conference call, contact an attorney in the city in which your daughter had the rental.

That's a really bum deal for your daughter. I rented a home with a similar deal that went sour a couple years ago. BF and GF broke up shortly after signing the lease. I let her out of it, then the BF stiffed me with rent (moved out without letting me know) and left it needing $thousands in cleaning and repairs a year later. I wouldn't have gone after the GF even if she had still been on the lease, considering that she was gone for nearly a year before it was vacated. Sounds like the landlord just wanted some extra security and it paid off for him/her.
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Old 02-23-2012, 10:36 AM
 
Location: Austin, TX
14,562 posts, read 21,328,614 times
Reputation: 6547
You might get some advice in the Renting forum, but WyoNewk is right, your daughter should talk to an attorney.

http://www.city-data.com/forum/renting/
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