My former LL has not returned my security deposit and I would appreciate some advise. Background is: As of December 2010, had been renting for 2 1/2 years when LL informs me that they will be moving into my house. They tried to give me a 60 day notice, but as I was in a lease until August 2011, I told them that I could not move until I found a suitable place, and with Christmas 2 weeks away, it would probably be later than the February 1st deadline they wanted. Surprisingly, I immediately found a house, and offered to move by the first weekend in January. That did not suit them, as they wanted January rent for funds to help them move. So I continued my search, while in the meantime they offered $1000 incentive (cash or towards last month's rent) to move out. I finally found another comparable place (s.footage, location, price) in mid-February...mind you, I looked at houses EVERY day in between. The LL agreed to terminate the lease, and came over on 2/18 to do a walk-through and we signed paperwork terminating the lease as of that day (2/18), but giving me until March 31st to move out (incentive option). I was completely moved out by March 4th, and we had agreed previously that they would do the final walk-through with me at 3:00 that day. They did not show, so I left the keys on the kitchen counter and emailed them to inform them that we were out. They responded with a "thank you" and I waited for the return of my security deposit. Since it never came, I sent a certified letter to them on April 26th, informing them that I expected my deposit back within 7 days, since it had been more than 30 days since I moved. They responded with a nasty voice mail letting me know that they would countersue for March's rent (since I had until the 31st to move out and clean) plus damages to the property if I pursued the issue. The return letter I received on April 28th is a demand for $650 for various, and bogus, damage charges plus March rent. My question is this: if I moved out March 4th, do the 30 days for return of security deposit start then, or on March 31st, when I had to be out? I have emails from them stating that I could use the incentive for the last month, but it was not in the termination letter that we signed.
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Jumped Through Hoops, Don't Want To Fall On My Face Now...
- Thread Starter tylex03
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army judge
Super Moderator
I suspect your emails may not be probative.
A judge will decide, if it goes that far.
Voicemails are probably useless.
Finally, if it isn't in your termination agreement, it wasn't agreed upon.
Your lease and your termination agreement are determinative.
I suggest you reread them.
A judge will decide, if it goes that far.
Voicemails are probably useless.
Finally, if it isn't in your termination agreement, it wasn't agreed upon.
Your lease and your termination agreement are determinative.
I suggest you reread them.
mightymoose
Moderator
Agreed... it all needs to be in writing.
If your landlord did not give you 60 days WRITTEN notice then you have not been given notice. If you should leave the door is open for the landlord to say you violated the lease agreement.
If your landlord did not give you 60 days WRITTEN notice then you have not been given notice. If you should leave the door is open for the landlord to say you violated the lease agreement.
So, if my termination letter reads "All parties agree to the termination of the lease on Friday, February 18, 2011"
and "the tenants will move out by March 31st, 2011"
and we actually moved out on March 4th, which date should I use to begin the 30 day notice for return of deposit?
and "the tenants will move out by March 31st, 2011"
and we actually moved out on March 4th, which date should I use to begin the 30 day notice for return of deposit?
mightymoose
Moderator
30 days notice begins from whatever date you actually give it- IN WRITING.
army judge
Super Moderator
It might also require you to give notice before the 1st of the month in which you plan to leave, or on the 1st of the month before you plan to leave or a no later than date; or just implied that you leave by a date certain.
In your case, 31 March.
Sometimes it isn't cut and dry.
Again, the answer is often in the lease or the agreement to vacate.
army judge
Super Moderator
In your case, it appears notice was given by signatory to the termination letter.
If that is the case, notice was given on 18 Feb, when you signed the vacate letter!
If that is the case, notice was given on 18 Feb, when you signed the vacate letter!
mightymoose
Moderator
You know now that I realize what you were asking... the time that your landlord has to return your deposit has to do with your actual vacate date and when you hand over the keys. The date you gave 30 days notice doesn't really factor in to it.
If I recall correctly, in California the landlord has 21 days after the date you vacated the residence to either provide you with your full deposit refund or a partial refund with an itemized list showing what the deductions were for.
If I recall correctly, in California the landlord has 21 days after the date you vacated the residence to either provide you with your full deposit refund or a partial refund with an itemized list showing what the deductions were for.
One more question...South Carolina law states that the landlord shall:
"(5) maintain in reasonably good and safe working order and condition all electrical, gas, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by him. Appliances present in the dwelling unit are presumed to be supplied by the landlord unless specifically excluded by the rental agreement. No appliances or facilities necessary to the provision of essential services may be excluded. "
In your opinion, does this include electric garage door mechanisms? The "damage" they are claiming is for a plastic pulley that broke, leaving the garage door inoperable. We told them numerous times that the door was not working and they never fixed it, but are now claiming that we caused it. Unfortunately, I don't have any of the notifications in writing...
"(5) maintain in reasonably good and safe working order and condition all electrical, gas, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by him. Appliances present in the dwelling unit are presumed to be supplied by the landlord unless specifically excluded by the rental agreement. No appliances or facilities necessary to the provision of essential services may be excluded. "
In your opinion, does this include electric garage door mechanisms? The "damage" they are claiming is for a plastic pulley that broke, leaving the garage door inoperable. We told them numerous times that the door was not working and they never fixed it, but are now claiming that we caused it. Unfortunately, I don't have any of the notifications in writing...
army judge
Super Moderator
If it wasn't memorialized in writing, it never was communicated.
mightymoose
Moderator
Are they asking you to pay for this damage or have they withheld a portion of your deposit?
If they are asking you to pay- don't. You don't have to pay until a judge orders you to.
If they withheld part of your deposit and it is a significant enough amount that you want to go through the hassle of trying to retrieve it, then you could try your luck in small claims. The landlord will have to show that the damage was not normal wear and tear, and though you didn't put it in writing the landlord might acknowledge your notifications that there was a problem. Plastic parts are prone to breaking... seems you have a decent argument to make.
If it is a small amount it is probably best to just suck it up and move on.
If they are asking you to pay- don't. You don't have to pay until a judge orders you to.
If they withheld part of your deposit and it is a significant enough amount that you want to go through the hassle of trying to retrieve it, then you could try your luck in small claims. The landlord will have to show that the damage was not normal wear and tear, and though you didn't put it in writing the landlord might acknowledge your notifications that there was a problem. Plastic parts are prone to breaking... seems you have a decent argument to make.
If it is a small amount it is probably best to just suck it up and move on.
They are demanding payment for the garage door piece, in addition to March rent, which totals $650 more than my deposit. I feel as if I have done nothing wrong, as the garage door was never abused in any way, and I moved out, per their request, as soon as I found a suitable place. I would like to pursue, which is why I am asking these questions, because South Carolina allows me to go for 3x the amount of the deposit if they haven't paid/sent letter within 30 days. That's why the actual start date of that 30 days is so important.
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