Landlord Problems

[rednckgrl07]

My husband and I moved into our apartment on May 12, 2003 and signed a one year lease. From the day we moved in we were having problems with the gentleman that lived above us. I notified my landlord on 9 total different occasions to let her aware of this problem and she never did anything about it. There are two parts of the contract that include about disturbance (the disturbing party would have a 30 day notice after the first conplaint to vacate) and there was also a part about having no pets (and he owned a dog). I made both of these issues very clear to my landlord and nothing was done. I felt that she breached her end of the contract and I wanted to move out. I couldn't make a comfortable home in this apartment. The lease states that if you break your lease before the year is up that you would be responsible for the remander of the leases rent. She let us out of that and had us sign a letter stating that we intended to move out within 30 days and that we would receive our security deposit back within 15 days of returning the keys as long as there was no damage. well there was no damage but she is saying that we are not getting our security deposit back because we broke out lease. We disn't break our lease because she let us out of it and I have a copy of the letter that I signed reagarding the security deposit. She is saying the letter is a standard letter that goes out to everyone and that doesnt apply to me. My question is... Would I have a valid legal case to fight her for my security deposit?

 

[Michael Wechsler]

I haven't seen the letter so I cannot tell you. But if it goes to court it is possible that a judge might award you with punitive damages. It seems likely the landlord is just wishes to make it difficult for you to retreive your security deposit without cause.

Originally posted by rednckgrl07
My husband and I moved into our apartment on May 12, 2003 and signed a one year lease. From the day we moved in we were having problems with the gentleman that lived above us. I notified my landlord on 9 total different occasions to let her aware of this problem and she never did anything about it. There are two parts of the contract that include about disturbance (the disturbing party would have a 30 day notice after the first conplaint to vacate) and there was also a part about having no pets (and he owned a dog). I made both of these issues very clear to my landlord and nothing was done. I felt that she breached her end of the contract and I wanted to move out. I couldn't make a comfortable home in this apartment. The lease states that if you break your lease before the year is up that you would be responsible for the remander of the leases rent. She let us out of that and had us sign a letter stating that we intended to move out within 30 days and that we would receive our security deposit back within 15 days of returning the keys as long as there was no damage. well there was no damage but she is saying that we are not getting our security deposit back because we broke out lease. We disn't break our lease because she let us out of it and I have a copy of the letter that I signed reagarding the security deposit. She is saying the letter is a standard letter that goes out to everyone and that doesnt apply to me. My question is... Would I have a valid legal case to fight her for my security deposit?