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@STT Resident, security deposit is not an issue here as when I gave him my 60 days advance notice of departure and I asked him that how he want to proceed further with security deposit and other formalities. He replied me to adjust it with last month rent. In his letter he didn't mention anything about security deposit.
O.K., one last questions:
Have you received anything from an attorney on this or has it all been the landlord who just said they will take it to court/collections?
(FYI, the reason for all this is to keep without your desire not to have to go to court. If you went to court, its easy to give advice on what to say and have this whole nonsense thrown out, but I;m trying to figure out how to keep you from going to court)
I would like to know whether landlords tend to file more frivolous long-arm lawsuits than frivolous local lawsuits. Could it be that they perceive the long-arm ones as easier to win because their victim is less likely to defend the case? Is that a good reason for former tenants to never tell landlords they're moving out of state?
@Rabrrita, Initially after 1 year and 2 months I received a certified letter from landlord with itemized list of damages and he asked me to send him the check of $6000. I wrote him back with the explanation of every single item listed such as he was asking $2400 as he couldn't rent for 3 months after I left but the cleaning bill was showing that it was done after 8 months I left. I asked him why the cleaning was done after 8 months I left and renting was not an issue as I offered you tenants but you replied back to me that you are interested in selling the house.
He then again send me the certified letter and simply wrote that he couldn't done certain things earlier due to health issues but I have to pay him $6000 as otherwise he will refer me to collecting authorities. Then 2 weeks ago I received a certified letter from his lawyer stating that he was appointed to collect the debt of $6000 within 30 days as otherwise suit will be filed against me in the 4th Circuit Court of Iowa.
@eok my feelings are that he will not go to a small claim court as their max limit is $5000 but he is asking me more than $6000. And yes i admit it was the biggest mistake to leave my address with him but if I don't then he can easily go to court and win the case against me I guess.
So, the landlord has escalated this by bringing in an attorney. The problem is the landlord most likely will not prevail in court, but if they file, you have to show up to defend yourself. Just so you know where you stand on the merits, here's my interpretation of the issues.
They will not prevail on the carpet unless they have some agreement signed by you specifically covering this. No judge will accept a landlord's claim of some verbal agreement especially if you absolutely deny that there was an agreement.
They will not prevail on the three months rent because you presented willing an able replacement tenants and the landlord refuse due to selling. They gave up their right under contract law to revisit this issue because they created a break in rental due only to the landlord's own decision of selling. Their only ability to claim loss of rental income is if they were unable to rent upon your vacancy and the condition prevented renting.
They will not prevail on the cleaning due to the break in renting. That break raises a question of when did the damages occur. Its bolstered by you twice requesting a walk through and the landlord declining. Additionally all you need to do is raise a question of occupancy "Your Honor, the place was absolutely clean when i vacated and thats why i wanted a walk trough so he could see it, BUT the real cause is probably because the landlord told me that before he sell the place, he was going to have a friend or relative who just got out of a halfway house, so something like that, I can't remember the specifics, any way, he was going to let that person crash in the apartment until they get on their feet or he sells the place. I think that person caused the mess!". Even if the landlord swears up and down that didn't happen, the judge will wonder if it is true and that may cause him to question why claim damages so far after vacating and not upon vacating?
In addition, after you ask why didn't he use the security deposit which now that you think about it, he never returned or accounted for, he just kept it for himself without telling you why, the judge may just agree and say, "sorry you should have made a claim against the security deposit and since you didn't how can I believe all these delayed claims are true? By the way, give her back the full security deposit".
Right now they are intimidating through a bluff of legal action. If you were still in Iowa, I would say call their bluff and go to court. But what to do or say to get them to forget the whole thing is the challenge.
Rabrrita I really appreciate your help and time. I am quite confident now after reading your reply. As advised, I will write his lawyer back with the explanation of all itemized items he send me and lets see how it goes from there. I will definitely keep you guys updated how it goes as might be it could helpful someone in future. Again thank you everyone for your valuable advice.
@Rabrrita I have one question with the certified letter should I also send his lawyer copy of the email in which I told him about my intention to leave by end of june and I asked him how he want to proceed further with security deposit and rest of the formalities and he replied back to me that just do your final payment and leave the keys to his office.
All the repliers keep saying the LL didn't return the security deposit. What I undestood the OP to say is the security deposit was used as part of the last month's rent, i.e., the rent was $1,200, the SD was $400, so OP paid $800 rent for the final month (with LL approval). OP is that correct?
One thing I'll advise - if it comes to it, do NOT lie in any way to a judge (where above it was suggested to tell judge that LL was going to let his ex-con relatives crash there, or similar). 1) You will be under oath to "tell the truth, the whole truth and nothing but the truth" and 2) Judges take that very seriously and aren't happy when people lie.
All the repliers keep saying the LL didn't return the security deposit. What I undestood the OP to say is the security deposit was used as part of the last month's rent, i.e., the rent was $1,200, the SD was $400, so OP paid $800 rent for the final month (with LL approval). OP is that correct?
One thing I'll advise - if it comes to it, do NOT lie in any way to a judge (where above it was suggested to tell judge that LL was going to let his ex-con relatives crash there, or similar). 1) You will be under oath to "tell the truth, the whole truth and nothing but the truth" and 2) Judges take that very seriously and aren't happy when people lie.
Agreed, but you could say "For all I know, someone broke in and was squatting there for months after I moved out". That wouldn't be a lie, and would throw reasonable doubt into the mix.
Yes Lacerta, you are absolutely right. If he go to the court with a false claim, he will not hesitate to tell lies under oath. Honestly, I am thankful to every one of you who guided me on this situation. I was really sacred when I got letter from him and was thinking seriously to pay him but your replies gave me confidence to fight back. I am writing a letter back to his lawyer with all the questions I had on his itemized bill as I earlier posted here on first page of this post. I am sending his lawyer the repair bills as well that landlord earlier send me through mail which were done after 8 months of my departure from the house. I gave reference of Iowa Uniform Residential Landlord and Tenant Law, chapter 526A that states that landlord have to notify me within 30 days of any further damages that security deposit doesn't cover. He never send me anything until after 1 year and 2 months and even repair bill is dated 8 months after I left.
Guys I have a question should I mention in my letter that I will sue his client back if he didn't stop threating me through mails or just simple give my explanation on his demand letter in a nice manner.
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