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x landlord troubles......

ok me and dh bought a house 3 months ago we gave the landlord more then a 30 day notice ( we actully moved into his town and livs 6 miles away ) we have tried to contact him and end up leaving a message ( and there not jerky messages ) once we did get ahold of him and he said he would call on sunday to set up a meeting he never called or returned a call. i have sent him a registerd letter along w/ a secerity deposit return request letter and still nothing. he is the typt to not return deposits but the other tenants just wanted him out of there lives and to be done with him. we are not like that. i know he dosent put the deposits into an account he made it slip last tenent to move out that he didnt have there deposit and wanted to know if i knew if they were gonna take him to court, he charged them 75.00 per blind for blids there kids destroyed ( there 3.88 dollars for blinds ) so what can i do now?

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Anonymous

Asked by Anonymous at 7:35 PM on Jan. 14, 2011 in Money & Work

Answers (19)
  • The only thing you can do is take him to small claims court. This is a civil matter and the police will not get involved. You can either hire legal representation and ask the courts to make the former landlord responsible for your legal fees or represent yourself.

    GL
    Razelda

    Answer by Razelda at 7:38 PM on Jan. 14, 2011

  • And make sure and document EVERYTHING, have every single bit of paperwork pertaining to this situation handy, and make sure and send out at least one more letter again asking for your deposit. ALSO give him 30 days to respond before you file anything via certified letter... Write out and explain everything that has happened and forwarn him that if he does not respond to your request and return your deposit that you WILL proceed with court filings and begin the process to recover any lost money.
    Razelda

    Answer by Razelda at 7:40 PM on Jan. 14, 2011

  • How long ago did you move out? Did you stay the entire legnth of your lease? You may want to check the landlord tenant laws in your state They vary from state to state. It sounds like there was no walk thru done when you left, did you take pictures? You may have to take him to small claims court for the return of your deposit. Make sure you sue for the amount of the deposit plus the interest it should have been earning while it was in the interest bearing account he should have had it in. You may also want to check because there are some states that allow you to sue for twice the amount of the security deposit....
    Anonymous

    Answer by Anonymous at 7:40 PM on Jan. 14, 2011

  • oh god court..lol... would i file in our town or the town we rented in? if u know. he knows alot of people in our town including town clerks so i would see it as unfare to do it in the home town.
    Anonymous

    Comment by Anonymous (original poster) at 7:40 PM on Jan. 14, 2011

  • A landlord has 21 days to return a deposit (or list of what repairs it was used for) to an ex-tenant in CA. Not sure where you are or how long it has been though................
    CrazedMomof2

    Answer by CrazedMomof2 at 7:42 PM on Jan. 14, 2011

  • You would file in the town where you lived, I believe. Every state/county is different so you should check with your local court.

    Just because he knows people doesn't mean diddly squat. Do you know his former tenants? Are you aware of who he has ripped off in the past?

    Also, in your lease did he state how much he would charge per destroyed blind? This is why you should always repair everything yourself and make sure it's in pristine condition before moving out. It's not an unknown situation for tenants to lose a BIG chunk of their deposit for not handling matters like replacing blinds themselves.

    GL
    Razelda

    Answer by Razelda at 7:42 PM on Jan. 14, 2011

  • In OP's lease it should say how long the land lord has to return the deposit. In my home state it was 14 days after tenants moved out/inspection... whichever came last.
    Razelda

    Answer by Razelda at 7:43 PM on Jan. 14, 2011

  • He should have 30 days (or however long move out notice your lease required) to return your deposit OR a letter explaining what he charged you for repairs. He should have proof in writing why he charged you those amounts....like something you signed when you first moved in that explains that a new blind costs ..$75 OR bids from vendors that shows how much the repairs will cost. He needs proof.....This is why tenants should always do a move out inspection with their landlord for their own protection. Otherwise I think you can sue him for your deposit. Your original lease is still valid even if you are on a month to month basis. Good luck
    Momforhealth

    Answer by Momforhealth at 7:47 PM on Jan. 14, 2011

  • we were there for 4 years we did not break the lease and gave him more then 30 days notice when we found the house we were planning on buying and putting in an offer. he was there when i was cleaning the apt out and him and my dh did do a quick walk threw. if fact the men who he hired to de LEAD the place ( it was a 100 yr old house and my son had lead in his blood but thats another story ) the men took my husbands wood for the woodstove and used it to keep them selfs warm my dh was very upset for that and the landlord told dh he would get some of the wood back or figure something out. that was over a month ago. landlord told us about 2 yrs ago we were his best tenants we took care of EVERYTHING and paid rent on time every time. he actully wanted us to buy his house ( the apt building) but w/ all the issues the house had and location we told him we wanted to go buy something that was newer.
    Anonymous

    Comment by Anonymous (original poster) at 7:49 PM on Jan. 14, 2011

  • Telling you one thing and writing down another on a binding contract are two different things. You're going to have a hard time proving ANY words in court.

    There is nothing you can do unless you take him to court. Honestly speaking.

    GL
    Razelda

    Answer by Razelda at 7:56 PM on Jan. 14, 2011

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