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We rented a place from Sep 25, 2013 to Aug 25, 2014. Those are the dates of our lease. Our rent was $1875 per month. When we moved in, we had to pay a massive amount:
$1875 first month rent
$312 to cover Sep 25 - Sep 30
$1875 for last month rent
$1875 security deposit
$500 pet deposit
We paid our rent on the 1st of every month, $1875. For August 2014, since it was a partial month, I paid $1595 (Aug 1 - Aug 25).
There were no damages so now we expect our deposits back. Because I paid the last month, I expect $1875 (security deposit) + $1875 (last month) + $500 (pet deposit) = $4250.
Landlord is claiming that we already paid the $1875 for last month and so he'll only refund the $1595 I paid in August. He claims the $1875 is for the last month, which is August, even though it was partial, and even though they demanded pro-rate back when we moved in for Sep 25 - Sep 30. But I'm owed that additional $312 or so. It was a full 11 month lease,
I have an attorney, but they are not sure what to do in this situation where the landlord is claiming that the last month, even though it was partial, should be paid as full month. The lease clearly states it is for Aug 25 to Sep 25, it defines first and last month as $1875, says rent is $1875 / month, and the landlord did demand (which I have on E-mail) that we pay pro-rate for Sept 25 - Sep 30.
I guess we could go for small claims court, but I'd like to get some thoughts on this.
Obviously your lease was worded badly but you did pay the last month's rent up front. I'm not sure why you paid August rent when you'd already done so. As long as you vacated the unit no later than August 25th, seems to me you're owed back $312 for the pro-rated rent you paid to cover September 25-30 in 2013 and the rent you paid on August 1st. If you vacated at the end of August then you simply get back the $1595.
The security deposits are a wholly separate issue and your LL has a certain amount of time in which to return them less any itemized deductions for damages, depending on your particular state laws. It's not up to you to determine whether there were damages or not. Your LL will check everything and if anything is found, he can deduct and then you can dispute if necessary. The time allowed is usually 30 days on security deposits and if your LL has breached state law on this he must, in most cases, refund the total security deposit with no deductions allowed. Check your state laws on security deposits which you'll find linked in the first "sticky" on this forum.
If this is the case you'll need to either demand back the full amount or file a claim in Small Claims court and sue for whatever your state allows (some allow you to claim additional money in punitive damages and all allow you to claim court expenses).
We vacated the unit on July 28. Also he painted the unit BEFORE lease ended on Aug 25 but after we vacated without our permission or even telling. Then they didn't really respond to my request for the security deposit. My attorney told me to wait 30 days and then they went after them. The landlord is resisting on the $312.
I paid August because I didn't realize we had paid the "last months rent," thinking it was a security deposit. But even if we had not paid that last month, there is still the issue of I paid July's rent and July 25 - July 31.
But even if we had not paid that last month, there is still the issue of I paid July's rent and July 25 - July 31.
You're not due back any rent for July. It makes no difference that you left on July 28th - your lease ran to August 25th and you're legally bound to pay rent until then. If you relinquished possession of the unit and handed over the keys on July 28th there is no legal reason for the LL to tell you that he's painting it. If he deducted for painting supplies and labor that would be an entirely different situation as he would have to prove that the painting was necessary because of your actions.
Did you check your state laws to see what they say about security deposits and how to proceed if your LL has defaulted in this regard? If he's not given you any accounting in the time proscribed then you have a simple case.
Sorry I didn't explain myself properly. The July 25 - July 31 is not with us leaving early but rather because the lease started on the 25th.
When we moved in, we paid the last month rent of $1875. We also paid that pro rata amount of Sep 25 - Sep 30, 2013. On the first of every month, I paid the full $1875 covering from the 1st of that month to the last day. On July 1, 2014 I made a full $1875 payment, covering us from July 1 - July 31. However, that "last month" payment we made at the beginning of the lease would have covered July 25 - Aug 25, so i double paid for July 25 - July 31. Then I also paid the August 1 - Aug 25 payment, and I paid it, the partial amount, $1595, because I knew that the amount we had paid before as "last month," was $1875.
So our last "month" technically was July 25 - Aug 25. The landlord is trying to keep that amount from the 25th to the end of month saying the lease says "Last Month" of $1875, and it means for the partial month, even though right above it, the lease says Aug 25 - Sep 25, and this is a Florida Realtors standard leasing form.
We had a lease for 11 months at $1875. The landlord is trying to claim he gets to keep $1875 x 11 + $312
Related to moving out, our movers came on July 28, and I had our cleaner finish it off on Aug 3. I then told the landlord several times we had vacated, and let me know about how to get the deposit back etc. He was mostly unresponsive, saying he was out of town. On Aug 20, I went back to the unit and found it painted. My attorney advised me at that point that I should let the landlord know we were surrendering the unit, and lock the keys into the unit. I did that, had a guard at the condo witness me doing that, took a picture, and then was done with the unit on August 21, 4 days before the lease ended.
In Florida, where we live, security deposits must be returned in 15 days if in full, or 30 days if there are deductions. That is why my attorney told me to wait 30 days before he contacted him. After 30 days, the landlord cannot deduct anything.
You vacated by the end of your lease so your landlord has already defaulted on your security deposit. What are you waiting for? File your claim for your whole security deposit plus whatever else you think he owes you (including court costs). Take all your paperwork, present your case and the court will sort it out.
Since my attorney is already talking to the landlord, they just can't come to terms on the last $312, do I even have a case? Also since the $312 is beyond the security deposit, basically extra rent, does the law apply?
Is it better to try to get the $3900 that he says to attorney will give and go for $312 later, or file in court for it all now? Is his claim that "last month" meant the full partial month vs last 30 days make sense. It was a Florida Realtor form.
I should add that landlord is also claiming homesteaf property tax exemption on the property despite renting it out. The county/state would then impose a heavy penalty, but they can't get my money back.
Since my attorney is already talking to the landlord, they just can't come to terms on the last $312, do I even have a case? Also since the $312 is beyond the security deposit, basically extra rent, does the law apply?
What is your attorney advising? If the landlord is willing to give you back everything but the $312 then you have to decide if it's worth going through the hassle of the court to get that back or just swallow the loss. As far as what you can claim you can claim for anything and the judge will decide.
What is your attorney advising? If the landlord is willing to give you back everything but the $312 then you have to decide if it's worth going through the hassle of the court to get that back or just swallow the loss. As far as what you can claim you can claim for anything and the judge will decide.
Attorney told us to think about it over the weekend. On Friday, she seemed to be leaning towards sending them one more letter saying what we want and trying to clarify. She thinks we do have a strong case because the lease clearly says $1875/month, and the last month means last 30 days. She finds it frustrating she cannot get him on the phone, he refuses to call her, and he keeps saying he is going out of town, so that all correspondence is by E-mail. She did say if they give us the check for all but the $312, as long as they did not write "final and last payment," we can still go after them.
She has recommended we NOT report the homestead exemption violation yet, as that will complicate getting our money back.
Quote:
Originally Posted by rrah
How much are your paying your attorney to get that $312?
Nothing to the attorney as it is through a legal plan that my wife has a benefit through her work and we pay every month a set fee. If we were to go to court, and ask for legal fees (which you can for security deposits), it would go to those attorneys.
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