Trying to get deposit back, what rights do I have in this case? (lease agreement, tenant)
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We signed a 12 month lease and when it expired, we rented month to month for 6 more months. We originally rented from a realtor who was working for the owner of the property but we actually dealt mainly with the owner. We always remained on good terms with her, paid our rent reliably. She even came to visit and see her old house while we lived there.
Our lease states that we have to give 30 days written notice before moving out. At the 12 month mark (when our lease was up) we new we'd be buying a house within about 6 months. So we called the owner and let her know well in advance that we would be moving out in 6 months. She had mentioned she might want to sell it so we wanted to give her plenty of time.
30 days before moving, we called her again and reminded her. We asked her if we needed to do anything else, like call the realtor and let him know, but she said we didn't and she let him know herself. So we did not officially leave a written notice. (Except by email).
When we moved, we cleaned the place up extremely well and had the carpet professionally steam cleaned. We even showed the place to several prospective buyers when the realtor asked us to. However, there were some things that needed fixing that I did not have time to do (my bird damaged some blinds and some things needed repainting, etc.) I expected this to either come out of the deposit or for us to make arrangements to do these ourselves.
After move-out, we called the realtor several times to ask what steps we needed to take to get our deposit back. He was always extremely evasive and said he was busy and would call us back, but he never did. He did mention that there was some damage to some cabinets, which I honestly don't remember. When we asked more about it, he once again said he was busy and would call us back. We haven't heard from him since.
I just emailed his office and gave him our forwarding address and asked him to please get back in touch with us as we hadn't heard from him in weeks.
It has been 43 days since we moved out. I'm beginning to think we will never see our deposit but it was $1600 so it seems worth it to pursue it. What should I do?
If a link to your state's landlord tenant laws isn't listed in the first "sticky" on this page, google, "(your state) landlord tenant laws security deposit". Most states require that the security deposit be returned to the tenant within 30 days of quit. If any deductions are made, these must be clearly itemized.
I doubt that your state laws are much different from the norm, in which case the realtor has legally defaulted and has to return to you the entire security deposit being held, damages or no damages. Double check with your state laws and then I would give him a chance to make it right immediately. If he doesn't, then without further ado file a claim against him in Small Claims court. In some jurisdictions you're allowed to petition for 2-3 times the amount of the security deposit but this is a totally discretionary judgement and shouldn't be banked upon even though you can certainly sue for it if your state laws permit.
I believe in Mississippi they have 45 days to return it or tell us why they aren't. What I was worried about was the fact that we didn't give a real written notice, so technically we didn't abide by our lease. So what I am asking is, even if we "broke" the lease in a sense, are they still legally obligated to return our deposit?
Thanks for the info!
EDIT - Also, in our lease, the section about deposits says that our deposit is not covered by the Mississippi security deposit law. Is this legal?
I do know that the owner told the realtor because he sent us an email about it shortly afterwards, asking us if we would mind showing the place to people until we moved out. But I definitely get what you are saying. I'm seriously regretting not giving a written notice now, but the owner specifically said that we didn't need to do anything else and I didn't pursue it any further.
Do you know anything about what to do when a lease says that your security deposit is exempt from law?
I do know that the owner told the realtor because he sent us an email about it shortly afterwards, asking us if we would mind showing the place to people until we moved out. But I definitely get what you are saying. I'm seriously regretting not giving a written notice now, but the owner specifically said that we didn't need to do anything else and I didn't pursue it any further.
Your emails, especially any that show they were responded to by the landlord could be beneficial evidence in the event you should have to take the landlord to small claims court to get the situation corrected.
Quote:
Originally Posted by Nemoralis
Do you know anything about what to do when a lease says that your security deposit is exempt from law?
What state are you in? (Edit: nevermind I see from another post you are in Mississippi. {My grade school teacher would be so proud that I knew how to spell that} I will try to look up what they say tomorrow if I have time).
I have not yet found any state that allows verbage in a lease to override state laws regarding how security deposits must be dealt with.
My opinion is that if you are agressive with this landlord you have a good chance of prevailing, given that you did give notice verbally and by email. You should immediatly send them written notice reiterating those previous notices, repeating your intent to give notice, and attaching copies of any emails and responses that you have. Build a paper trail, even if it is a little bit late, it will help you in small claims court if you have to got that far. But it also may intimidate the others so that they give you what you are asking for.
Since you have proof in the form of an email that should be of much help.
Not everything that is written into a lease agreement will over ride State laws. I don't believe anybody can undo State laws by just writing they don't count.
There are statue of limitations within the owner needs to give a specified statement what will be deducted and for what and be sent to you preferable by certified mail as proof. If you haven't received that within 45 days than mail him a certified letter that you demand the full security deposit back and perhaps your State has a law that gives you the right to double or triple the amount. Florida doesn't have that.
Good luck.
Last edited by Ultrarunner; 01-14-2012 at 12:06 PM..
Mississippi security deposit law limits the penalty to a LL who fails to return the security deposit within 45 days to no more than $200. I wouldn't worry in the least about not having the required 30 day notice in writing. It's a very minor point and you have more than sufficient evidence to counteract any claim the realtor might make. I agree that whatever the clause in your lease pertaining to the state security laws means, it won't fly legally as a contract can't dismiss basic law on a whim. Good luck!
My opinion is that if you are agressive with this landlord you have a good chance of prevailing, given that you did give notice verbally and by email. You should immediatly send them written notice reiterating those previous notices, repeating your intent to give notice, and attaching copies of any emails and responses that you have. Build a paper trail, even if it is a little bit late, it will help you in small claims court if you have to got that far. But it also may intimidate the others so that they give you what you are asking for.
Add to that, and demand the return of your security deposit. Since they have exceeded the 45 days allowed to do so they have forfeited any right to retain part of the deposit.
(3) The landlord, by written notice delivered to the tenant, may claim of such payment or deposit only such amounts as are reasonably necessary to remedy the tenant's defaults in the payment of rent, to repair damages to the premises caused by the tenant, exclusive of ordinary wear and tear, to clean such premises upon termination of the tenancy, or for other reasonable and necessary expenses incurred as the result of the tenant's default, if the payment or deposit is made for any or all of those specific purposes. The written notice by which the landlord claims all or any portion of such payment or deposit shall itemize the amounts claimed by such landlord.Any remaining portion of such payment or deposit shall be returned to the tenant no later than forty-five (45) days after the termination of his tenancy, the delivery of possession and demand by the tenant.
(4) The retention by a landlord or transferee of a payment or deposit or any portion thereof, in violation of this section and with absence of good faith, may subject the landlord or his transferee to damages not to exceed Two Hundred Dollars ($200.00) in addition to any actual damages.
Unfortunately in Wyoming there aren't much laws that help tenants. I had to make nasty phone calls every day for two weeks straight. I'm sure that didn't help my case getting the deposit back but that was all I could do.
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