Posted by timothy mccarthy on November 05, 1998 at 17:27:29:
My girlfriend moved into a share with a woman and the woman's child. She has in writing the amount of her rent and security deposit and the fact that the agreement was on a month to month basis. The agreement was that she would babysit the woman's child in exchange for lower rent. She stayed there for a couple of months but it became unbearable. She told the woman on the 9th that she wanted out by the 4th, which was the beginning of the next month as far as the rent goes. So she gave slightly less than a month's rent. Essentially the problem is that the when she moved in the verbal agreement was that the security deposit was to be used for damages. Now the woman is saying because she technically gave less than a month's notice, she has the right to withhold all or some of the security. THere is no written agreement about this, about anything regarding the security deposit, only proof that one was given. The woman orignally said that my girlfriend would get the whole thing back but at the last minute now has changed her mind and threated to take out 200 dollars for "advertising" she had to do to get a roomate and stress she said was caused by the fact that it was three days less than a month's notice. What are her rights in this situation? Because there is no written agreement about the security deposit and there is something about her presencse being on a month to month basis, can the woman take out arbitrary oamounts from the security or withhold it altogether?
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