Can my landlord keep my deposit and charge me for damages exceeding my deposit when I know I didnt cause them?
915152
OK,, you CAN go to small claims court and dispute the damage.\nHowever is 350$ REALLY worth it(keep in mind -- you will have to miss work, pay court fees, etc.)?\nIf it is go to your local small claims and file a claim.\nIf it is not do not do anything. \nDO not pay anything, let the landlord sue you if she Wants 119 so bad she can sue you.
399544
You are responsible for one year. They will make you pay rent until someone else rents your apartment. Plus keeping your deposit, they can charge you for any damages above "normal wear and tear".\n\nIf you don't go along with whatever your lease says, they can take you to court, garnish your wages and you will be reported to the credit bureaus.
980757
That depends on the landlord. I am section 8. some require a months FULL rent (nor prorated), some require different..I KNOW it stinks. However, section 8 has no control over the deposit..they only deal with rent. The deposit is for clening, damages,etc. Some landlords will let them pay it out in installments. She needs to look until she can find someone who has a cheap deposit..(if that's possible).  My rent here is 350.00 (I pay 121.00) My deposit was 200.00 so it varies
478753
You have a very good chance of winning.  Take him to small claims court.  The landlord has to prove damage to the apartment was caused by you.  Not only that, he has to return your security deposit with interest for the amount of time he held it.
431545
Yep. Small claims. They will have to show up and they probably do not have the time so usually just the threat of court will be enough.  If they don't show, you win automatically.  I took my landlord to court and it was very satisfying to see him squirm in front of the judge.  That was worth more than the money he had to pay me!
758783
He has all the legal right to charge you an extra fee for renting after a lease and not resigning a lease....this is 100% common practice in all rentals.\n\nDo you have to give notice that you are moving?  No...but then he doens't have to give you back your deposit nor does he have to give you a good referance for your next place.  After all, you stiffed him by not giving a notice in turn making him lose rent money, why would he want to be nice to you?\n\nLandlord cannot control outside contractors for work.  All he can do is put in a call to one and wait for their earliest date.  Just because they are a landlord doesn't mean a technichian will show up inside of 2 hours.  When you have issues with power, heat, etc and its either hot or cold out, you will wait extra long for help as there are many that need help right when you do.  So sit in line and wait patiently.  Since it is not below 40 degree's nor you have mentioned any kids, by law he does not have to guarantee power or heat if its out and below or above any temperatures.  Nor does he need to compensate you for hotel or any place you stay outside of your apartment when no power or no heat.  That responsibility is totally on you.  But now if you have home owners or renters insurance, then these will help pick up the tab for such issues.\n\nYour comment on him trying to evict you...if you are late....by law he has all the right to kick you out.  If you refuse, the police will remove you and charge you with tresspassing.  And by law he can toss your stuff to the curb and allow anyone to take it.\n\nYou have no fight as all you have done is either your fault or past there ability to control it.  Welcome to the real world, welcome to the world of renting and welcome to learning a few laws that have been on the books for ages.\n\nYou forget...that is their property, not yours...your are "borrowing" it for as long as you have paid.  If you don't pay, even for 1 day, why would they have to let you stay?  They can rent it to someone else that will pay.\n\nMove if you want, but rentals are rentals, same laws no matter where you go.
164370
I don't know if the laws vary according to where you live, but as a rule, the landlord is not responsible for your personal property. That's why they have "renter's insurance". If you don't have it, then you're out of luck.\nUnless the fire was caused by poorly maintained wiring or some such thing. Then you may be able to take him to court and sue for your loss.
304637
He cant prove it was you then.\nIf he sues he will have to sue all tenants at the time. Also if there was a deposit he can take the deposit but chances are the lawsuit will get thrown out of court.\n\nLook specifically in your contract to see if he retains any rights to file legal claims against you after the fact (some people have tricky contracts they write up) If not, then I wouldnt worry too much. Now im not a lawyer, nor do I play one on tv so this is solely my opinion.\n\nI would suggest telling him to shove it up his a**
793991
No that is why they made you sign a lease so that you would pay what you were owed.\n\nYou should have tried to sublet it to someone who would pay the rent (or most of it) so that the landlord did not lose money and sue you for it.
641658
You have a right to receive a written explanation if the money is not fully refunded. They cannot charge you for normal wear and tear on the carpet and walls unless they told you they were going to charge you before. The best is to leave the premise in similar condition as you moved in except for normal wear and tear. If there is a big spot on the carpet, they can charge you for stain removal. If they find anything broken they can charge you.
637031
yes they can do this... they should really wait until your lease is up to make any kind of changes... make sure that they give you written notification of this... you may want to ask the new landlords to keep it the same... where you still pay for the water...
501213
Document everything that has been done, when it was done, how long it took, and how long the fix lasted.\n\nCall around and ask if a lawyer will look at it.  At the same time drop a copy of the file off at the property manager's office with a note that says your lawyer is reviewing the information.\n\nYou can also drive down to the local police department and file a complaint that your landlord has created and refuses to fix unsafe living conditions.  That is a criminal charge.\n\nThat should be enough to get their butts in gear.\n\nIf not, a lawyer should be able to draw up papers, and should be able to file for damages including his fees.
534413
Small Claims! Tell your landlord you need to move, may let you out of the lease. If not, leave anyway. There are still tenants there. (no damages). Evidence obviously needed. Take MANY pictures of the condition when you leave.
346078
The answer to your question should be in your lease if you signed one.  However, you can just take the landlord to court with your PROOF that a repairman has come and the problem is not fixed and PROOF that your utility bills are higher as a result.  Always make sure yor rent is paid and on time...it strengthens your case and causes the adverse if you don't. These cases are common and people do win.  So just make sur eyou have proof of EVERYTHING and then take it to court if you've already approached the landlord with your problems.  Give the chance first to allow for it to be fixed and have proof of that too if possible, then it will also be noted that you tried everything including allowing them time to fix the problem but to no avail.
550025
This is not a simple question - if you live in the USA, especially. There are laws that cover Security Deposits and Fair Housing Guidelines and to ensure that you have no problems in the future, you need to comply with the Fair Housing law(s) of your State\n\nBoth Landlor and Tenants have rights under this law.\n\nYour tenant, for example, has the right to request/expect (and should be done) that the landlord conduct a walk-through of the rental unit time (1 or 2 weeks, depends on your laws and contract) prior to the official termination of the tenancy contract.  It is thru the walk-thru that you tell the renter if you will withhold any of his/her deposit  if repairs or cleaning are not performed by tenant.  After removing all personal property, the tenant can again request a final walk-thru wiht the landor to ensure thatll obligations have been fulfilled.  Accdg to your contract and laws, you have a certain number of days after vacating the place the landlord (you) has to  mail the renter the deposit or an itemized statement of any deductions taken out y the landlord.  If more than a certain amount of witholding is kept (limits by State law) by the landlord, you are required to accompany the itemization with copies of the receipts and documents showing the charges deducted.  There are other 'time limitations' but again depends on the State.I believe, but I can't remember, that the tenant can waive receipt of these documents.  There is other little things that you need to ensure you do to ensure that this tenant doesn't come back and bite you in small claims court.\n\nThe Letter can be simple:\n\nLetter to (legal/full name of tenant as in contract) and address he provides you.\n\nSubject: describe here the rental property (full legal address, unit number and renter name)-Rental Dates to-from\n\nDear Mr XXXX\n\nOn date you notified me that you would vacate the xxxxxxxx property.  We inspected (if you did) the xxxxx on date and xxxxxx date.  \n\nNo damages where found or damages where found as follows\n\nand consequently repairs had to be made for a total cost of $$ receipts and description of work done are enclosed.\n\nFinal walk thru was made on xxxx. This letter confirms that All your personal property has been removed from the property.\n\nSincerely,\n\nyour name\naddress\n\n\n____________\nLetter received by (name of tenant and date)  \n\nnote: make sure that you have the tenant sign receipt of letter and date it.
1121138
In the rental world the landlord has between 30 and 60 sometimes times even 90 days to send you a deposit statement.  The check if you are gettting one should follow after. As long as you are notified in some fashion within those dates then you have no grounds to sue. On the other hand the 2 or 4 years you are speaking of is determinded state by state some states onlg give you a year and you have to prove you made contact with the landlord within a certain time period other wise you eat the money and last months rent is not a deposit and is non refundable.l
895678
Mike,\n\nIn virtually every Purchase Agreement, there is a liquidated damages clause which states that if you back out of the contract, the seller's ONLY recourse is to keep your deposit.  There is almost a zero chance that he can sue you for anything.  But just to be sure, read the PA.  I can almost guarantee that there will be language that states what I have said above.  Look for the words "liquidated damages" in relation to the deposit.