Wont return damage deposit

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Phoenix8936

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Ok so here is the scenario:

I had a lease that ran from oct 08 to april 10

Come oct 2009 I had a sudden change in jobs and had to move, so I packed my things up and moved out. I had not called and talked to the landlord about it, as I was under alot of pressure to get to the new job. i figured i would pay the rent and then talk to him when things settled down about ending the lease. landlord called mid october and asked why I had moved out. I stated my reason why and asked to cancel the lease, we agreed on a lesser rent until the place was rented out again. I got word them the landlord on dec 20th 2009 that it was rented out, and i was no longer on the lease.

but now the landlord says they wont return my deposit, due to damages suffered by them ( not listed on what the damages are), and that I broke the lease by moving out and not giving 60 days notice. and that the lease ran till april 2010.

My question is who is in the right here?

I did break the lease by moving out but talking with the landlord we agreed to a lesser amount till tthey found a new tenant. that agreeement was kept. I also left that place in way better condition than when I moved in. Nothing was damaged whatsoever. No where on the lease does it say anything about forfeiture of the deposit if i break the lease w/o notice. What can I do to get my deposit back?

***** Upon reading the lease carefully I noticed something: It stated lease date : Oct. 3 2008 lease duration: 18 months Lease ends: April 3rd 2009
That is only 6 months not 18 months.. so does that mean technically I was out of the lease as of april 3rd 2009 ?
 
Quite frankly, a bloody mess on the part of both you and the landlord.

First the requirement regarding breaking the lease...you should have provided this in writing and received written documentation that the unit was now rented by someone else as of December 20th. You don't simply move out with notifying the landlord.

The landlord was also under an obligation to return your security deposit (plus interest) or notification of what this was used for by within 21 days after the tenancy ends. You were under the obligation to notify the landlord of your new address or provide instructions on where to send this information:

https://www.courts.state.mn.us/district/2/?page=1114

Failure to do so (on the landlords part) does open you up to consider suing him for twice the amount wrongfully held (plus interest).

And by the way, it doesn't matter when your lease actually ended. A landlord cannot "double dip"; i.e., they cannot collect double the rent on a unit. Once the unit was rerented your financial obligation in terms of rent ended.

Sit down and write the landlord a "demand" letter, requesting the return of your security deposit (plus interest) by a certain day (say, 2 weeks after they receive the letter). Cite the Minnesota statute that lists the punishment for the landlord not doing this.

If you do not hear from them within this time period...or they do not satisfy your demands...then your next step is to decide if you wish to continue this through the courts.

Gail
 
Gail in Georgia said:
Quite frankly, a bloody mess on the part of both you and the landlord.

First the requirement regarding breaking the lease...you should have provided this in writing and received written documentation that the unit was now rented by someone else as of December 20th. You don't simply move out with notifying the landlord.

The landlord was also under an obligation to return your security deposit (plus interest) or notification of what this was used for by within 21 days after the tenancy ends. You were under the obligation to notify the landlord of your new address or provide instructions on where to send this information:


Failure to do so (on the landlords part) does open you up to consider suing him for twice the amount wrongfully held (plus interest).

And by the way, it doesn't matter when your lease actually ended. A landlord cannot "double dip"; i.e., they cannot collect double the rent on a unit. Once the unit was rerented your financial obligation in terms of rent ended.

Sit down and write the landlord a "demand" letter, requesting the return of your security deposit (plus interest) by a certain day (say, 2 weeks after they receive the letter). Cite the Minnesota statute that lists the punishment for the landlord not doing this.

If you do not hear from them within this time period...or they do not satisfy your demands...then your next step is to decide if you wish to continue this through the courts.

Gail
Click to expand...


Thanks Gail

After I mvoed out we had a phone covnersation in regards to paying the rent while he looked for a new renter, once the he did find the renter I no longer had to pay. I confirmed that in an email... Once it was rented my lease was cancelled, and I sent him and email stating an address to where he could send the deposit and a certificate of rent paid. He sent me the CRP only, I waited a week and a half and sent him another email regarding soley the deposit. He responded to me with the "we are keeping it due to the damages we incurred" and that I broke the lease.

So I guess that even though I broke my lease, but came to an agreement with him. He still owes me the deposit then? I did read the Mn statute on it but it was a little fuzzy to me
 
Yes; security deposit laws are pretty cut and dried. In most states there is a very specific time period within which a landlord must provide the former tenant with information regarding their security deposit. If kept for damages above normal wear and tear, the specifics on this must be provided. Some states even require copies of the receipts for repairing this damage be provided to the former tenant.

Failure to do this will often (depending on their state) negate the landlords ability to keep any of this for damages/owed rent and may often result in double or triple the amount to be paid back to the tenant.

Gail
 
The way i read the Mn law is that even though they did not send me anything about the deposit with the 21 days (which is that business days or total days?) they can still deduct the unpaid rent.
the deposit was 1400

rent amount was 1400/month

From oct '09 through dec '09 the agreed rent was 900 (via phone call and email)

So could they deduct $1500 from the deposit then?

Or is it time to go sit down with a lawyer face to face?

Really appreciate the help on this
 
If you and the landlord agreed on a lower amount of rent (i.e., the $900) until the unit was rerented...and you have documentation of this and paid this amount....then there is no reason that the landlord should be now be able to say your owe more.

Do the demand letter. If you do not receive this amount, then you will need to consider whether you wish to file a lawsuit against the landlord for this money.

Most of these types of lawsuits are handled through Small Claims court (in Minnesota this is known as Conciliation court and lawsuits up to $7500 can be heard through this court) because relatively small amounts of money are in dispute. This court does not require that you go to the extra expense of hiring an attorney.

Gail

P.S. And it's 21 calendar days
 
Ok so I wrote a demand letter this weekend but I have a question on what to demand.

Do I demand only the original deposit +15 interest or since he missed the 21day return or written reason why I have not received it do I "demand" double the amount plus 1% interest? Or is the double amount only available through conciliation court if he does not pay and I decide to pursue it that way
 
It is likely the only way the landlord will pay double the amount is if they are required to do so by the court.

Do you wish to file a lawsuit against the landlord or simply use the threat of one to get your original deposit (plus interest) returned to you?

Gail
 
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