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Need help w/ security deposit
    #7298195 -

I moved about a month and a half ago, around July 1st. My lease was to end on Aug 1st, but we found a suitable house and jobs. We cleaned the house thoroughly. All trim was scrubbed and scuff marks on the walls were washed off.
The landlord inspected our cleaning July 7th. They told us that everything looked good except minor things. We worked on the stove and misc for the rest of the day. They also told us to clean up the backyard, which was finished on the 18th. The 18th was the last day we stepped foot on the property. We left our keys inside the house and locked it up. Fast forward to today. My girlfriend called the landlord to estimate when the deposit would be returned. She said we will get no refund, but a bill for rent in arrearage. 1) She claimed it was dirty. And spent considerable amount of time cleaning. 2) Bugs were present 3) A neighbor came forward and claimed we had extra roommates. She wants to charge us for rent.

Okay, I really need our money back and getting a bill is absolutely unaffordable.
1) We moved all of our stuff on the 1st. We came back to clean and the landlord said the house was okay on July 7th and occupancy was terminated on the 18th. They told us they were pursuing new renters as of July 1st. Isn't the landlord responsible for dust accumulation after agreed termination of occupancy?
2) The lease says the tenants are responsible for on-going bug extermination. We bought traps and poisons for bugs and small roaches on a monthly basis and kept bugs at bay. When we cleaned up the traps were trashed and not replaced. Bugs came back out after we left.
3) We had two roommates that came and went for small periods of time. One was a family member getting away from an abusive spouse. The landlord wants to apply rent in arearage for these people, but according to IC 32-31-3-13: Sec. 13. A security deposit may be used only for the following: (A) all rent in arrearage under the rental agreement. In our lease it says only two people are allowed to occupy or as allowable by law. It gives no fine or fee or extra rent due if extra tenants are found. Since the punitive rent in arrearage is not according to the rental agreement, they shouldn't take this amount from the security deposit.

So what should I do? File a suit as soon as I get a bill? Or take the loss and hope they don't sue for the extra money.

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Re: Need help w/ security deposit [Re: YidakiMan]
    #7299287 -

I'm sure there is something you can do, but im a lazy fuck. I've learned that they will almost always fuck you, so I don't even bother anymore.

Chances are they are just as lazy as me, so im sure they wont want more money, and will possibly cave if you show some resistance


--------------------
The DJ's took pills to stay awake and play for seven days.

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Re: Need help w/ security deposit [Re: tak]
    #7300122 -

Unless they sue us, we will probably let it go. Some states have laws that favor renters, a lot more have laws that favor slumlords. Indiana is somewhere in the middle.

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Re: Need help w/ security deposit [Re: YidakiMan]
    #7660684 -

You know, I would take them to court.

I am a landlord/manager, and what they did is bullshit.

In most states, they can not keep your deposit for things like that, and it sounds like you had nothing more than normal wear and tear.

The problem with this whole security deposit thing, is that some shitty landlords don't keep the deposit in a separate account, holding it for the tenant. Instead they use the money, and it is absorbed into their cash flow, and when it comes time to give the money back, they don't want to give it up, even though its not technically theirs!

Take this analogy: lets say you loan someone 1000$, go back to them in a year and see if they could pay it. NO FUCKING WAY!

One question - did you fulfill your entire lease agreement? If you did not, you are responsible for the rest of the term, or, until they can get the house re-rented, BUT, they have to have proof that they did try to rent it out.

I would say that after knowing the court system and what-not, that you would be in favor and would get your money awarded. EVEN after this time!

-Graham


--------------------
www.MycoPath.com
Mushroom Spawn, Cultures, Fungi Bags, Casings, Master Grain Jars, Bags for In-vitro, Laboratory supplies, and much more!
Mushroom Supplies. Fast Turnaround Times. Great Service.
orders@mycopath.com
enter code shroomery for 10% off product.

www.FungiForum.com

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Re: Need help w/ security deposit [Re: YidakiMan]
    #7661135 -

Pictures and lots of them. To late now, but next time for all you folks, pictures!

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Re: Need help w/ security deposit [Re: Cryogenicz]
    #7661209 -

This post was from back in August....


--------------------
Remember, remember the fifth of November
The gunpowder treason and plot.
I see no reason why gunpowder treason
Should ever be forgot.


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Re: Need help w/ security deposit [Re: Liz]
    #7662945 -

It's cool, it's still relevant. Here's an update.

We found a clause in the Indiana Code that says a Landlord must remit the deposit with deductions 45 days from the abandonment of the property or the landlord acknowledges that no charges are due.
As I stated above, we had a lease until July 31st, we paid July 1st and notified the landlord of abandonment because we found jobs and an apartment in another city. They sent us the bill for rent in arrearage and supposed damages on Aug 28th. We sent them a letter stating that they missed the deadline as listed in the Indiana Code and demanding the full deposit back. We haven't heard from them since. We could file a claim in Small Claims court, but the deposit was $500 and that city is 2:30 hours away. Its not really worth a fight.

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Re: Need help w/ security deposit [Re: YidakiMan]
    #7663029 -

In Massachusetts there is a law stating that if the landlord doesn't comply with the security deposit regulations (either returning it within 30 days, or providing within 30 days itemized receipts of whatever damages they are deducting from your security deposit) you can sue them for 3 times the deposit amount, plus court costs, etc. I would draft up another letter and let them know of your intent to sue, and check into whether you're allowed to sue for an additional amount. Maybe telling him you're gonna sue will make him pay. On the other hand, breaking a lease 30 days early is pretty lousy, regardless of whether you found jobs or another place or not - you can't just break a lease when you feel like it because it's convenient.


--------------------
Remember, remember the fifth of November
The gunpowder treason and plot.
I see no reason why gunpowder treason
Should ever be forgot.


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Re: Need help w/ security deposit [Re: Liz]
    #7663179 -

Liz, it sounds to me like they paid their rent for the entirety of the last month, they merely moved out early, so they really didn't break the lease.

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Re: Need help w/ security deposit [Re: Ojom]
    #7664505 -

Here in Oregon, if you don't sent them accounting of the damages within 30 days, the landlord is also liable for 3 times the amount. That would be $1500, might that be worth it?

-Graham


--------------------
www.MycoPath.com
Mushroom Spawn, Cultures, Fungi Bags, Casings, Master Grain Jars, Bags for In-vitro, Laboratory supplies, and much more!
Mushroom Supplies. Fast Turnaround Times. Great Service.
orders@mycopath.com
enter code shroomery for 10% off product.

www.FungiForum.com

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Re: Need help w/ security deposit [Re: YidakiMan]
    #7664730 -

Call it even.

You mentioned you technically broke the lease by having guests for extended periods. You can calculate damages by dividing your monthly rent by 30 and multiplying that amount by the number of days your guests stayed in violation of the lease. Does that amount approach $500? If so, forget it.


--------------------
Always
Be
Closing

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Re: Need help w/ security deposit [Re: Cryogenicz]
    #7664787 -

Rental law seems a little backwards down here, at the very least, does not make very many dis-incentives to encourage positive landlord behavior. In fact during my research into the code I found this little jewel that had to be added in:
IC 32-31-8-4
Effect of waiver of statute
Sec. 4. A waiver of the application of this chapter by a landlord or tenant, by contract or otherwise, is void.
As added by P.L.92-2002, SEC.2.

It was actually relevant to my case. My lease had several clauses that led me to believe I was on my own with pretty much every problem or maintenance. The lease said I had to report termites, but any other insects were my own problem.

In April or sometime, the landlady called and said her husband wanted to change the furnace filter. I replied, well, actually the furnace filter needs to be changed every 30 days which I have been doing for the last 18mo... so no need to stop by. She babbled something about checking on the condition of things we made an appointment and they stood us up. Cleaned up to make the place look all nice and everything. Pricks.

They are neo-cons and evangelicals so at least I know they're going to hell.

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Re: Need help w/ security deposit [Re: YidakiMan]
    #7664790 -

Scout sorry but that is not how it works.

Rent in arrearage can only be billed if it is explicitly written in the lease.

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Re: Need help w/ security deposit [Re: YidakiMan]
    #7665186 -

It's the same in California - If you provide maintenance out-of-pocket, you may deduct those expenses from your rent.  You may have waived this right by failing to bill in a timely fashion.

You admitted that you had guests staying with you in violation of the terms of the lease.  That provision is there for a reason - additional tenants create additional wear-and-tear on the premises.

I think a judge will weigh the damages to each party and make a judgment accordingly.  :shrug:


--------------------
Always
Be
Closing

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Re: Need help w/ security deposit [Re: Ojom]
    #7668103 -

Oh - I thought he meant they moved out a month early and didn't pay for the last month. Maybe I misunderstood.


--------------------
Remember, remember the fifth of November
The gunpowder treason and plot.
I see no reason why gunpowder treason
Should ever be forgot.


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