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-I am 1st listed on lease.
-She is my co-applicant.
-We paid a $300 deposit ($150 each).
-When we signed our intent to vacate, we agreed to have the deposit forwarded to my address and I would divvy it up. The paper is signed and dated by both of us with my forwarding address.
Our move out date was July 22. I received an email from her on July 7th stating that she had moved out on the 6th and would be leaving the country on the 15th and she trusts me to handle everything with the move-out inspection etc. Even though she moved out, she did pay her full rent due. I am grateful for this.
Before she left the country, we had a pre-move-out inspection. They were planning to charge $250 if we chose not to clean, and $75 for the decals she left on the wall. She saw this list prior to leaving the country and had adequate time to come clean her half and take her decals down. I also have proof of asking her via email 5 times for her forwarding address so I could send her half, but she never provided me with it. At 8pm on July 14th (she was leaving the country early next morning) I came home to my apartment expecting half to be cleaned and her decal to be down. It was clear she had been there - her 1 final small box was gone and her food was taken out of the fridge - but nothing was cleaned. I assumed she was ok with the $325 charge ($25 more than our deposit - so our apt complex would be charging us). Half of the cleaning fee plus the decal cleaning fee was more than her half. So I decided i'd save her being charged that extra $25 and i'd clean everything myself and keep the deposit. I spent all evening cleaning, scrubbed the fridge and freezer, used mr clean erasers on the doors and walls.
I send her an email that night (just before she left the country) and informed her of the charges. Then exclaimed that i'd busted my butt cleaning and removing decals etc. So she would not be receiving any deposit back - but she ALSO isn't going to have the leasing dept. coming after her for the additional amount.
Fast forward a few weeks, we are getting the deposit sent to me, and she's threatening to sue me for her measly $150 half. I've been banking on having this money for weeks. I have email proof she moved out on the 6th. and that she was leaving on the 15th. she is claiming that she had planned to come around midnight the night before she left the country to clean and I didn't even give her the chance. SHe also claims that she left on the 6th and wasnt able to do her share of cleaning because my stuff was "still all over the place"...yeah...because I lived there.
Anyway....should I be concerned? Am I wrong to keep her $150? If i'd known this was going to happen, I wouldnt have wasted my time cleaning. I would have left the apt as is and we woudlnt have gotten it back.
-I am 1st listed on lease.
-She is my co-applicant.
-We paid a $300 deposit ($150 each).
-When we signed our intent to vacate, we agreed to have the deposit forwarded to my address and I would divvy it up. The paper is signed and dated by both of us with my forwarding address.
Our move out date was July 22. I received an email from her on July 7th stating that she had moved out on the 6th and would be leaving the country on the 15th and she trusts me to handle everything with the move-out inspection etc. Even though she moved out, she did pay her full rent due. I am grateful for this.
Before she left the country, we had a pre-move-out inspection. They were planning to charge $250 if we chose not to clean, and $75 for the decals she left on the wall. She saw this list prior to leaving the country and had adequate time to come clean her half and take her decals down. I also have proof of asking her via email 5 times for her forwarding address so I could send her half, but she never provided me with it. At 8pm on July 14th (she was leaving the country early next morning) I came home to my apartment expecting half to be cleaned and her decal to be down. It was clear she had been there - her 1 final small box was gone and her food was taken out of the fridge - but nothing was cleaned. I assumed she was ok with the $325 charge ($25 more than our deposit - so our apt complex would be charging us). Half of the cleaning fee plus the decal cleaning fee was more than her half. So I decided i'd save her being charged that extra $25 and i'd clean everything myself and keep the deposit. I spent all evening cleaning, scrubbed the fridge and freezer, used mr clean erasers on the doors and walls.
I send her an email that night (just before she left the country) and informed her of the charges. Then exclaimed that i'd busted my butt cleaning and removing decals etc. So she would not be receiving any deposit back - but she ALSO isn't going to have the leasing dept. coming after her for the additional amount.
Fast forward a few weeks, we are getting the deposit sent to me, and she's threatening to sue me for her measly $150 half. I've been banking on having this money for weeks. I have email proof she moved out on the 6th. and that she was leaving on the 15th. she is claiming that she had planned to come around midnight the night before she left the country to clean and I didn't even give her the chance. SHe also claims that she left on the 6th and wasnt able to do her share of cleaning because my stuff was "still all over the place"...yeah...because I lived there.
Anyway....should I be concerned? Am I wrong to keep her $150? If i'd known this was going to happen, I wouldnt have wasted my time cleaning. I would have left the apt as is and we woudlnt have gotten it back.
People throw around threats to sue all the time. Wait until she actually does. I am certain that it isn't worth the attorney fees for her to try and get the $150, so it is yours.
People throw around threats to sue all the time. Wait until she actually does. I am certain that it isn't worth the attorney fees for her to try and get the $150, so it is yours.
Agreed. She would have to sue in small claims, and would need to file suit here in VA to do so. Is she out of the country permanently? If so , it'll likely cost her waaaay more than $150 to come back and sue you. Even if she's an idiot and does try to sue you, it's very unlikely she would win based on the information you provided. I think it'd be funny to watch her try.
People throw around threats to sue all the time. Wait until she actually does. I am certain that it isn't worth the attorney fees for her to try and get the $150, so it is yours.
I'd reply to her e-mail (if she sent one) listing your points in bullet form, then maybe casually point out what others have said, she's welcome to do so if she's willing to incur much higher expenses than what she'll recoup in court, if anything.
I just got off the phone with the company that owns our old apartment complex. They said the check is being mailed to my address - with BOTH our names on it. requiring BOTH of our signatures - which wont happen. she went to south america for a few weeks and is back now. we wont even be in the same room. i've given her bulleted lists and she still wont listen.
But don't worry about the check, I have deposited checks before with both mine and my roommates names in the past and they just wanted one signature. (Bank of America)
I just got off the phone with the company that owns our old apartment complex. They said the check is being mailed to my address - with BOTH our names on it. requiring BOTH of our signatures - which wont happen. she went to south america for a few weeks and is back now. we wont even be in the same room. i've given her bulleted lists and she still wont listen.
How can this be enforced if you two have separate accounts and there is only one check? The check would need to be deposited in only one account so long as the name matches one of the names on the check. I think you are fine.
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