Landlord made a mistake on lease that he still hasn't seen (tenants, security deposit)
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I'll try to make a long story short - I do not like my landlord. He is invasive and pushy. We are finally moving out (lease is up July 1st) and he has been here every single day. He has to give us 24 hours notice before bringing potential tenants over but he only gives us a few hours notice. He tries coming over early to "straighten up". He leaves the doors open even though we have indoor-only cats. He claims that he and the other tenants can "smell cat" throughout the house even though we can't smell anything, and we have only heard them complain about the crappy paint job and steep driveway.
Anyway, looking at the lease I just noticed that in the Security Deposit area he wrote a sum that is about $1,000 more than we gave him. He wrote it out, he signed it...is there any way we can actually get that amount? Could he take us to court? I seriously have an ulcer from this guy. It would be nice to get SOMETHING out of this year-long nightmare. And honestly, if the tables were turned, he would take me to court so fast if I even joked about violating the lease in any way. Also he is the kind of guy who will do anything to keep our entire security deposit, or at least most of it.
Should I fight for the amount on the lease, even though it's wrong, or let it go and hope I get back anything?
you may not be able to smell the cats because your used to the smell.. but I wouldn't doubt that anyone else could smell them.
I wouldn't expect a full deposit refund especially if you have pets... do you think he remembers teh amount you gave him or will simply go by the amount on the contract..?
you may not be able to smell the cats because your used to the smell.. but I wouldn't doubt that anyone else could smell them.
I wouldn't expect a full deposit refund especially if you have pets... do you think he remembers teh amount you gave him or will simply go by the amount on the contract..?
I don't know. He is "forgetful" but generally only in his favor. Like when we first moved in he said the rent was $100 more than what we agreed on. I had to show him the lease and the clipping of the ad (thank GOD I kept it) to prove I was right. He is air-headed but loves money, a dangerous combination.
Pets are allowed by the lease. Even if he does go ahead and replace the carpets it will definitely not come anywhere near the amount of the security deposit, not even without that extra cash he tacked on by accident. And we are going to get the entire place steam-cleaned and scrubbed top to bottom before we leave, which is something we do at every place we rent.
I just want to know if he argues with us over the amount of the security deposit, do we have a case? Can he actually win in court?
If you took him to court you'd have to prove you paid him the amount you're suing for the return of, which you didn't.
I agree that you likely can't smell the cats because you live there (we have one cat and it's the first thing I smell when we come back from vacation). But a landlord that rents to a person with pets has to expect the smell, and that he may have to remove said smell once the property is empty before he can re-let the property. That's part of allowing pets.
He had me pay him with a certified check, and this was a long time ago. I don't think I can retrieve information from that far back...and I'm pretty sure that certified checks only show as withdrawals in my account and not actual signed checks. So I really couldn't prove it either way.
I guess I'm wondering if the fact that he wrote that amount on the lease and then signed it would be enough, especially since it's difficult to prove either way.
ETA: I'm really glad this forum exists, btw. Everybody here is very smart and patient. I guess I'm just scared - my landlord is a giant bully who basically does what he pleases. The one time I tried sticking up for myself he barged over to the house, used the "annual inspection" as an excuse to get inside, and then screamed in my face for ten minutes about how I'm a horrible person. I just want to be prepared when the time comes to discuss the security and terms of the lease. So thank you all.
I wouldn't expect the entire deposit back but what ever fraction you do get back should be based on the amount he wrote on the lease. I would simply point out what you paid for deposit and ask how much he is going to return...
I wouldn't put up much of a fight if he declined to give any back especially if you have been there for a long time with pets. I am sure he can provide enough evidence of repair expenses to overcome the deoposit.
It would probably cost more to retain a lawyer..
I guess you have to ask yourself 'is it worth the fight' or court battle.
What is the exact wording on the lease? Was it that you paid $X. or that you will will pay $X? Some lease say that you will pay a security dollars of $X but not that $X was actually paid.
What is the exact wording on the lease? Was it that you paid $X. or that you will will pay $X? Some lease say that you will pay a security dollars of $X but not that $X was actually paid.
Excellent question - I actually can't remember and I'm not home at the moment but I'll check. The lease itself was a joke, it looks like something he found on some random website. It's full of his crappy handwriting and notes in the margins and things that are scribbled out. I hate myself for signing the stupid thing, but we were desperate and he came across as really nice at first, if not slightly odd.
I am never renting again.
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