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IMO the OP has no chance other than losing more money in small claims court for filing fees.
The LL isn't required to give notice to enter your apartment to let the exterminator in (since it was for a repair/service), although it would have been respectful of the LL to do so. You requested an exterminator to take care of the ants, and the LL followed up on that. From the tone of your post I get the feeling that you thought your right is whatever is convenient for you, maybe I'm wrong, but that is how I read it...
You had to give notice and you left prior and that is for your own account.
Do you have proof (pictures) of what it looked like when you moved in and out? Most tenants have the feeling they do an awesome job but in reality it isn't always the case.
My last tenant thought she cleaned the stove, just because the pushed the button of the self cleaning oven...well maybe that was good for her, but not to us and not how it was when she moved in...we had pictures to proof so!
IMO the OP has no chance other than losing more money in small claims court for filing fees.
The LL isn't required to give notice to enter your apartment to let the exterminator in (since it was for a repair/service), although it would have been respectful of the LL to do so. You requested an exterminator to take care of the ants, and the LL followed up on that. From the tone of your post I get the feeling that you thought your right is whatever is convenient for you, maybe I'm wrong, but that is how I read it...
You had to give notice and you left prior and that is for your own account.
Do you have proof (pictures) of what it looked like when you moved in and out? Most tenants have the feeling they do an awesome job but in reality it isn't always the case.
My last tenant thought she cleaned the stove, just because the pushed the button of the self cleaning oven...well maybe that was good for her, but not to us and not how it was when she moved in...we had pictures to proof so!
Um yeah for your information the LL is most definitely suppose to give you 24 hours notice before going into your apartment unless it was a real emergency like a fire. And from the tone of your post I am assuming you are a LL. Probably as good as my old one. And yes the place was so clean you could eat off the floors that's why the LL posted it on Craigslist the same day as available immediately. So don't come off with this big bad attitude when you don't know what your talking about. Is there anything else you need to add?!
My old landlord is refusing to give back my security deposit because he "didn't get 30 days notice I was leaving". But the reason I left was the apartment was invested with ants and he was asked 3 weeks in a row to get the exterminator in. After, I found out he just went in the apartment without any notice to let the exterminator in. I never planned on leaving but was out by the 31st of August and I had to throw all my things into a storage unit and move back with my parents. The apartment was left in excellent move in condition with no damage. Does he have the right to keep my money? Or do I have a leg to stand on in court? I already filed a complaint with small claims but I was reading online I should send a demand letter with my fowarding address and he has 30 days to pay but he already said he was not going to. Did I file to soon? Should I send a demand letter now? Thank you.
You broke the lease, you owe him. You handled the problem with the ants incorrectly, and now you have to pay.
My old landlord is refusing to give back my security deposit because he "didn't get 30 days notice I was leaving". But the reason I left was the apartment was invested with ants and he was asked 3 weeks in a row to get the exterminator in. After, I found out he just went in the apartment without any notice to let the exterminator in. I never planned on leaving but was out by the 31st of August and I had to throw all my things into a storage unit and move back with my parents. The apartment was left in excellent move in condition with no damage. Does he have the right to keep my money? Or do I have a leg to stand on in court? I already filed a complaint with small claims but I was reading online I should send a demand letter with my fowarding address and he has 30 days to pay but he already said he was not going to. Did I file to soon? Should I send a demand letter now? Thank you.
Your apartment was inFested with ants, not inVested and there are lots of products available to minimize and control ants. In my part of the world they're just a basic problem depending on time of year and you deal with them. A major problem with rats, mice, roaches, etc. might give you some leeway in court but, according to you, the LL did eventually respond and took care of the problem. That he didn't give you advance notice of his intent to let in the exterminator is a fault on his part but you left anyway and that fact doesn't mitigate your obligation under the rental agreement you had with him.
If you didn't give your LL the requisite 30 days notice then you're liable for the next month's rent. You say you've already filed suit in Small Claims Court so best you show up and present your evidence.
My bet is that you'll lose and that your security deposit will be applied towards the 30 days notice you failed to give under your contractual agreement with the LL.
Just a side thought but you say that you moved back in with your parents? Maybe/hopefully your parents charge you rent but before you start dunning the landlords who've responded to you, it might be a good idea to read though some of these forum posts and look at things from a LL's perspective. It might just open your mind somewhat. Good luck!
In the industry, working in apartment complexes, where your dealing with 200-400 units, you get a good education on rental protocol.
The LL is required to give notice for entry for extermination, dependent on state entry time notice. In addition some residents like to empty cabinets and such they need that time to prepare.
Quote:
Originally Posted by bentlebee
IMO the OP has no chance other than losing more money in small claims court for filing fees.
The LL isn't required to give notice to enter your apartment to let the exterminator in (since it was for a repair/service), although it would have been respectful of the LL to do so. You requested an exterminator to take care of the ants, and the LL followed up on that. From the tone of your post I get the feeling that you thought your right is whatever is convenient for you, maybe I'm wrong, but that is how I read it...
You had to give notice and you left prior and that is for your own account.
Do you have proof (pictures) of what it looked like when you moved in and out? Most tenants have the feeling they do an awesome job but in reality it isn't always the case.
My last tenant thought she cleaned the stove, just because the pushed the button of the self cleaning oven...well maybe that was good for her, but not to us and not how it was when she moved in...we had pictures to proof so!
Generally, no he cannot keep the security deposit for this reason. He collected a month in advance and possilbly last months rent at the beginning of the lease to protect himself against you breaking your lease. He is entitled to keep any rent he has collected (as just described above) since you did break your lease. You cannot withhold rent until the conclusion of the lease period without going through the proscribed legal steps in your area. This is most likely arbitration or small claims court.
If you vacate without proper notice, then you take that loss on yourself and may be liable for the rent until the end of the lease unless the landlord can find a replacement tenant.
The security deposit is only to be used to pay for damages above and beyond "normal wear and tear". It cannot be kept for any other reason, even if there is unpaid rent. Legally it must be returned within the specified period of time in the lease or by your local statute.
If the two of you cannot air out your differences and come to a meeting of the minds, then small claims court is your best avenue. Just be aware that you will likely have some financial liability for breaking the lease also.
I'm a LL in Texas and that is the first I've ever heard that...
Hes correct about the purpose of security deposits, that based on
good faith, tenants will skip, default. Find me a judge who will
side with the tenant.
In my area, ant problems are almost always caused by the occupant of the property leaving food out. Exterminators don't do nearly as good of a job as the cheap little black plastic ant bait traps. Indoor spider problems in my area are caused by the occupant not keeping the lawn mowed. Neither of those problems get my sympathy as a landlord.
Also, in my area, if you asked several times to get the exterminator in, that counts as giving authorization to come in, and no further notice from the LL is necessary.
As for your original question, you owe September rent. The landlord owes you deposit less damages.
Have a question for any body my landlord broke the lease and has 185 code things wrong with the building I told him I want to move cause I found some thing else I don't owe him any money and my lease has Been up what should I do
I filled out a lease last year for a landlord and he broke it my years lease has been up I want to move every time I try he tells the new landlord some thing bad and he won't give me back my deposit what can I do he all so has code vaolactions
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