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Greedy Landlord - need advice please

Last page
7 of 7
tremwill
1/14/13 7:51 AM
I disagree. Absent statutory authority to the contrary, the security deposit is held in trust for th tenant and is the property of the tenant as is any increase.
taxmantoo
1/14/13 11:34 AM
OliverQuackenbush said:   

if she bitches, explain that you may be entitled to triple damages plus attorneys fees (if this is true, look up what remedies are available in your state).



I would wait until it was time for my day in court to explain that to her.
Her attitude to date would make me WANT to sue her ass, especially if I could profit from it.
062703
1/14/13 12:09 PM
FinPat said:   

She doesn't seem to have any regard for the laws that apply. We provided her with a formal written document stating that we are vacating the unit and we are trying to compensate her for 3 months' rent, and she can rent out the unit to a new tenant, in which case she will release us from any obligation of paying rent, use the deposit for repairs, and return us some portion, if not all, as long as the repairs are beyond normal wear and tear. The document clearly cited the security deposit law in our state (how it can be used, landlord cannot keep deposit just because they can, etc). The document was emailed to her, she called us to let us know that she won't be accepting that offer, and that she now wants us to pay the full cost of new carpet (she had previously demanded "only" half the cost from us).

At this point we have realized that there is no way to reason with her. And that's very frustrating.



I may have missed it, but make sure you have documentation of the pay half of the carpet offer and the offer for you to pay for the entire replacement of the carpet. This will be very forthcoming of the landlord if you choose to take this to small claims.
kdjl1
1/14/13 1:41 PM
Great advice regarding documenting, maintaining records, taking pictures and reviewing your lease. As an agent, the law is on your side. The landlord has no reason to hold your deposit unless there was unusual wear or major damage. In many states, the landlord should have an escrow account with YOUR money. Although states vary in laws, do your research based on your state laws. If the landlord is an agent, they are held to an even higher standard, especially dealing with security deposits.
Make sure YOU follow the rules and you'll be just fine.
Al3xK
1/14/13 2:10 PM
Why don't you just say what state you live in?
StartByServingOthers
1/14/13 2:36 PM
Leave landlord notice currently. Take lots of pictures of apartment after you move out. Judging from your post I'm betting you will leave the apartment clean.

When you move out, do walk through if applicable and ask for deposit to be returned. Send a letter asking for it to be returned. Leave a forwarding address with the Landlord

Don't pay any more money after moving out. Do you think the landlord is really going to sue over their non-existent damages when you've lived there for 8 years? Any judge is going to think she's nuts. Many people on here may or may not agree with this, but think about it. You've lived there for 8 years! Do you really owe them any more money even though you've given them sufficient notice. Document everything and you may be able to prove that Landlord didn't try to rent the space (Or did rent the space during the time frame.

If applicable leave some sort of fairly written online review of the landlord to warn future renters (This could work against you concerning landlord finding a renter before your lease is up. You might wait until after May to do this.)

If landlord has nerve to take you to court after you've vacated apartment show up. - You probably won't have to say much as this person ruins their own case. (If they file for eviction against you, bring copy of the written notice you gave. It's the landlords responsibility to be looking for another tenant. - Not evicting someone from an empty unit.)
dcg9381
1/14/13 2:39 PM
062703 said:   

FinPat said:   


I may have missed it, but make sure you have documentation of the pay half of the carpet offer and the offer for you to pay for the entire replacement of the carpet. This will be very forthcoming of the landlord if you choose to take this to small claims.



The landlord isn't taking anyone to small claims the way things stand. The way things stand she's keeping all of the rent (to be paid) and 100% of the deposit (already paid).

Either you have cash in hand and you might get sued or you're out cash and will have to sue to recover it. Those are your two choices.

Documenting the "half carpet" and full rent offer might work the other way - the judge could say that this is what the OP "agreed" to and put that in motion. If I was to go to court on this, I'd want to follow state law, which is likely very much below what the OP offered the LL.

StevenColorado
1/14/13 5:43 PM
yogutt said:   

I don't understand why you would need a lawyer. just forward her the payment minus the security and if she wants more let her sue you (of course you will be a couple of hundread miles away so that might help)



If you pay less than the rent, she can begin eviction which will be a real mess, in which she's in the right. No need to muddy the waters.

OP, I noted that all of her communications with you are not in writing. Send her something in writing in which you claim that you are not able to track her positions in phone calls, and request that all further discussions be in writing and stick to it. My guess is that she knows that her position is untenable and is trying to negotiate without a paper trail that will make her look ridiculous. You have a solid paper trail at this point, and she doesn't.

I suspect that her hope now is that you won't show up at a hearing.
062703
1/15/13 10:42 AM
dcg9381 said:   

062703 said:   

FinPat said:   


I may have missed it, but make sure you have documentation of the pay half of the carpet offer and the offer for you to pay for the entire replacement of the carpet. This will be very forthcoming of the landlord if you choose to take this to small claims.



The landlord isn't taking anyone to small claims the way things stand. The way things stand she's keeping all of the rent (to be paid) and 100% of the deposit (already paid).

Either you have cash in hand and you might get sued or you're out cash and will have to sue to recover it. Those are your two choices.

Documenting the "half carpet" and full rent offer might work the other way - the judge could say that this is what the OP "agreed" to and put that in motion. If I was to go to court on this, I'd want to follow state law, which is likely very much below what the OP offered the LL.





The landlord made two offers. One for half carpet and one for full. That is what OP needs to have documented. Those are the kinds of things that lead to treble damages.
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