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Old 04-20-2010, 07:13 PM
 
33 posts, read 85,335 times
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Do I have the right as a renter to use my security deposit as the last months rent? Im afraid they are going to try to keep my deposit.. is there anyway I can stop this from happening.. I have a very detailed document from when I moved in about the condition of my unit and everything is the same.
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Old 04-20-2010, 07:43 PM
 
Location: 39 20' 59"N / 75 30' 53"W
16,081 posts, read 26,301,477 times
Reputation: 18120
Security deposits are for potential damage, if the units in the condition you posted, you have no worries. I would make certain theres a walk thru with management and take pictures for your protection. The LL should ask your new address to return your deposit, there would be no reason not to, unless there are other charges such as unpaid late fees ect or damages not found during the inspection, in that case they'd be deducted from the SD and you'd recieve an itemized deduction sheet and the remainder of the deposit.


Management/owner have to follow the L/T code for your state, otherwise your option is filing in small claims court. This is where the photos would serve you well.

http://www.vdacs.virginia.gov/consumers/f-landlord.shtml (broken link)
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Old 04-20-2010, 07:57 PM
 
33 posts, read 85,335 times
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Quote:
Originally Posted by virgode View Post
Security deposits are for potential damage, if the units in the condition you posted, you have no worries. I would make certain theres a walk thru with management and take pictures for your protection. The LL should ask your new address to return your deposit, there would be no reason not to, unless there are other charges such as unpaid late fees ect or damages not found during the inspection, in that case they'd be deducted from the SD and you'd recieve an itemized deduction sheet and the remainder of the deposit.


Management/owner have to follow the L/T code for your state, otherwise your option is filing in small claims court. This is where the photos would serve you well.

VDACS - Office of Consumer Affairs - Landlord-Tenant Frequently Asked Questions (http://www.vdacs.virginia.gov/consumers/f-landlord.shtml - broken link)

The unit is in the condition it was when I moved in..

I have other issues with HOA violations that my property manager didnt handle correct. The property manager never gave me a copy of the rules for my HOA so Im not liable for any violations that have been filed on my unit.
They sent me a letter 3months after the alleged violations and are trying to charge me 300 dollars for the violations.

Im afraid that if I pay my last months rent I will never get my security deposit back unless I take them to court to get my money.
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Old 04-20-2010, 09:13 PM
 
Location: Marion, IA
2,796 posts, read 5,783,141 times
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If you withold your rent, kiss your deposit goodbye. In fact your landlord may take you to court to get the rent. Or at least collections. Then he gets your rent AND your deposit. And try explaining that next time you try to rent. The only place you'll be able to get into will be a dump.

Play by the rules and let him be the first one to break them. The law will be on your side if you do what's right.
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Old 04-20-2010, 09:41 PM
 
Location: 39 20' 59"N / 75 30' 53"W
16,081 posts, read 26,301,477 times
Reputation: 18120
How did I knew you left something out of the original post??
If this true, the court will stand behind you, they're not your enemy.

Quote:
Originally Posted by igeek View Post
The unit is in the condition it was when I moved in..

I have other issues with HOA violations that my property manager didnt handle correct. The property manager never gave me a copy of the rules for my HOA so Im not liable for any violations that have been filed on my unit.
They sent me a letter 3months after the alleged violations and are trying to charge me 300 dollars for the violations.

Im afraid that if I pay my last months rent I will never get my security deposit back unless I take them to court to get my money.
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Old 04-21-2010, 09:46 AM
 
33 posts, read 85,335 times
Reputation: 13
Quote:
Originally Posted by virgode View Post
How did I knew you left something out of the original post??
If this true, the court will stand behind you, they're not your enemy.

I did leave something out but my original question had nothing to do with this.

I am really just sick of dealing with this property manager they are very sloppy..
I have have had many problems with maintenance since I have lived there some of which took them almost 3months to fix.

The major stuff is the smoke detector they never checked when I moved in and it took them two months to fix.
My washer broke the day I moved in and it took them two months to fix then my A/C broke in the middle of summer and
they took over two months to fix it...

Its really poor management because they have to contact the home owner for any repairs and they never return phone calls and unless you continuously harass them nothing gets fixed.

To be honest im just sick of wasting my time with these jokers!!

One question

If I end up in court for my security deposit can I go after more then just the deposit.. Like lost wages and time?
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Old 04-21-2010, 10:09 AM
 
Location: St Thomas, US Virgin Islands
24,671 posts, read 64,808,860 times
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Quote:
Originally Posted by igeek View Post
If I end up in court for my security deposit can I go after more then just the deposit.. Like lost wages and time?
You can go after it but it's highly unlikely you'll get any compensation for it - that's part and parcel of the whole process of taking someone to court.
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Old 04-21-2010, 10:50 AM
 
Location: Boise, ID
8,047 posts, read 26,473,864 times
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You keep saying "the unit is in the same condition as when I moved in".

Is that condition in agreement with what you lease says? In other words, does you lease say it has to be "broom clean" and you haven't cleaned because it wasn't clean enough when you moved in?

I ask because usually "same condition as move in" is another way of saying "its dirty, but it was dirty when I got it", which may not be acceptable.

For the HOA violations, if they never gave you notice to correct, I agree they can't charge you. UNLESS the HOA informed you directly. If 3 months after the fact was the first you heard about it, that isn't right.

But no, you can't use your deposit for your last month's rent.

If you do go to court to collect, I would definitely ask for an additional, reasonable amount for lost wages and time. The courts do often grant that in my area. It can't hurt to ask, as long as you ask for a reasonable amount.
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Old 04-21-2010, 11:35 AM
 
Location: Marion, IA
2,796 posts, read 5,783,141 times
Reputation: 1595
Quote:
Originally Posted by igeek View Post
I did leave something out but my original question had nothing to do with this.
To be honest im just sick of wasting my time with these jokers!!

One question

If I end up in court for my security deposit can I go after more then just the deposit.. Like lost wages and time?

NO. If you withold rent your case will not stand. Again, if you withold rent, you may get a judgement or an eviction. You do NOT want that on your resume if you plan to rent again. If it's that bad, just bite your toungue and get the hell outta there as soon as you can. It's not worth the risk.
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Old 04-21-2010, 12:44 PM
 
33 posts, read 85,335 times
Reputation: 13
Thanks everyone for the very helpful information.. Im not going to do anything to put me into the wrong. I will take them to court I guess If I have to do that to recover my security deposit...im almost counting on it though after speaking with my prop. manager.

I am moving the end in June since my lease is over with and all I have to say is good riddance!

Quote:
You keep saying "the unit is in the same condition as when I moved in".

Is that condition in agreement with what you lease says? In other words, does you lease say it has to be "broom clean" and you haven't cleaned because it wasn't clean enough when you moved in?

I ask because usually "same condition as move in" is another way of saying "its dirty, but it was dirty when I got it", which may not be acceptable.

For the HOA violations, if they never gave you notice to correct, I agree they can't charge you. UNLESS the HOA informed you directly. If 3 months after the fact was the first you heard about it, that isn't right.

But no, you can't use your deposit for your last month's rent.

If you do go to court to collect, I would definitely ask for an additional, reasonable amount for lost wages and time. The courts do often grant that in my area. It can't hurt to ask, as long as you ask for a reasonable amount.
Lacerta: It does say in my lease that I'm suppose to hire a carpet cleaner and exterminator. It also states that if I don't they will deduct it from my security deposit. All I meant was by the "same condition" is that I didn't damage anything.. Unfortunately, I did take pictures when I moved in but my SD card broke and I lost them. I do have a very detailed documents from when the prop. manager did a walk thoughs that lists the condition of my condo from day one, 6months and 1yr into my leases.
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