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I moved out on the 15th of September. Didn't get to do a walk through with the landlord but I took a video of everything. The landlord texted me that everything looked great. I didn't hear anything after that and did not receive a notice from him about my deposit. Today when I asked him about it he tells me that he is keeping my 1150 deposit because several times during the two years I was there the HOA fined him for the grass not being mowed on time. He never notified me of any fines during the term of the lease. He is also telling me that I may owe him even more money because people or animals must have went thru the trash after I left and strewn it around by the curb. So the HOA is assessing another fine and he received a letter from the city about it. He apparently has not been back to the house since the walk through.
Can he really take my deposit for fees he never told me about during the term of the lease and charge me even more because something got into the trash after my lease was up and I left the property?
He can't simply keep the deposit. He must show how it was used. For example, "HOA fined for grass for mowed- 3 times at $200 each". And he definitely can't charge you for any fines that occurred after you left, assuming you left on good terms (gave proper notice, keys turned in, etc). Check your lease and see if it even says that you are responsible for HOA fees or fines. He should have charged you the fine the first time it occurred and told you about it so you would know what the HOA required for lawns. But I'm not sure if you can avoid paying the fines because he left it so late. Better to get off on a technicality like not having HOA fees/fines mentioned in your lease.
I did leave on good terms and my lease did not say anything about HOA fees. I didn't even know there were ever any fees being assessed. What about trash left behind on the ground from what appears to be from an animal after I moved out? I did leave lots of trash bags on the curb because I had to be out on a Sunday. Can I be held responsible for a mess that is made with the trash after I am gone? Not only is he going to charge me for it , he is expecting me to go over there and clean it up.
He can charge you for items you left after you left if that was your responsibility to remove from the premises.
However you can charge any HOA fines to a tenant if that is not mentioned prior and now he need to show proof of the fines.
Flapping his gums is not making this proof...if he doesn't show you anything then you have a strong case in court.
Many LL don't know the law...perhaps there were fines but he needed to inform you so you could prevent it for the next time and he didn't so he took that chance from you.
It was also his duty to provide the HOA rules and regulations to you and if he failed to do so then he has a huge problem.
I have asked for them . Now I guess I just have to wait to see if he shows them. It is just so frustrating to know I lived there for two years and he never mentioned any HOA fines. I can't help but think he just wants to keep my money.
He has to show you proof of the charges. He can't just decide to keep your security deposit for fines he for a year ago. Besides you can't wait a year to bring it up. He's full of **** and just wants to keep your security deposit. If the walk through paperwork shows everything to be in acceptable condition and it's signed stating as such tell him you will see him in court. And those had to be some hellacious fines to add up to 1200 in fees. I have two properties in HOAs and I know for a fact the HOAs will notify you to fix the problem and if you don't comply then they send a fine and it usually takes at least one notice sometimes two. And usually HOAs take care of the common grounds anyway because it's common area. Seems to me he just wants to keep the deposit. I find it amazing how many people keep or try to keep
Security deposits
I specifically include a copy of the HOA CCR rules and it's written in my lease you read and understood the rules. The rules of the HOA ccr are also part of the lease. Violating them is violating the lease
You might also try the HOA. If the office is small and friendly they might tell you something. That way you can go back to your former landlord, tell him there were no fines and you want your money. You might not find out anything but it's worth a try rather than waiting for the landlord as he drags his heels.
I would argue the HOA fines since you said your lease never mentioned an HOA or fines. Ask him for a copy of the HOA notice as well as the part of lease that says you're responsible for them. HOAs won't talk to tenants and normally send notices and fines directly to the owner who in turn, bill their tenants.
As for the trash you left on the curb, it's on you. You left it there knowing it was going to be 12-24 hrs before pickup (assuming Monday is a pick up day, could be longer) and many cities (and HOAs) have rules about how early you can put trash out. He can charge you for cleaning up that trash and charge you for the trash by the bag. Should've taken it with you...pain in the butt? Sure is, but it's better than losing your deposit.
Good luck and please keep us updated.
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