Ridiculous deposit claim -- PLEASE help!

[skim99]

I had to leave an apartment I had signed a 6-month agreement with because they would not extend the agreement. We (myself, working full time, and a foreign student with no credit) had had to pay 6 months up front plus a 2 month deposit ($4500). They are very particular about their place.

I went back to the place today to get the deposit back and review whatever they might want to charge me. Knowing them, I expected that they would have some things to be unhappy about. However, they quoted me $3,400! The house is in fine condition - it is broom swept (as she requested it be) and there are minimal scuffs on the walls. The floors are in fine condition- but they claimed that they need to re wax and re-do them because of some scratches. They said other tenants who have stayed there much longer than 6 months have left the house in much better condition. They would also need to hire a cleaning agency, which quoted them $600, and the paint job alone would be $800. I told them I had just gotten a cleaning service visit at my new apartment for $300 and they scoffed at it.

To me, the apartment is in completely fair condition. Unfortunately I do not have pictures of this -- only of the hallways. I suggested finding contractors for better prices but they want to use their own.

I asked for an itemized bill detailing the repair costs. She refused. I ended up walking out on them. I do not want to pay $3,400 but I do not know how to go about this situation, they clearly do not see things from my point of view. Any advice or counsel you have would be greatly appreciated.

[TenantNet]

You post has a better chance of being read and answered it it's about 1/10th the length.

[skim99]

I just shortened it. Sorry, I was venting mostly.

[TenantNet]

This landlord was pushing you around. Unfortunately you let him. For example, by law you have every right to have a roommate. It's not up to the LL and it is NOT only rent controlled/stabilized. And IMHO the visa situation is not any of their business.

We've discussed on this forum (search for it) a number of times that a deposit is for damages, not normal wear and tear. Scuffs on the wall are normal wear and tear and the cost of painting is part of maintenance, not to be taken out of a deposit. Ditto for wear on a floor. If you left it broom clean, that is all you are expected to do. Deposits are not to cover the cost of cleaning unless you left a real mess.

Do you have witnesses? Did you ask the LL for a walk through? Did he decline? (being on vacation is immaterial).

I would go back and take photos immediately (unless someone new has moved in) and if you can, don't tell them about it.

Note: If you still have keys, the LL can claim you still have possession and that he will seek rent until possession is returned to him. That's a favorite scam by landlords. But OTOH, if you still have keys, it's hard for him to claim you are trespassing even if he catches you doing so. I would take photos. Get in and get out.

I suspect the LL will try to keep your deposit and try to bill you for more ... until you stop him/her.

To recover your deposit you can file in small claims court or go to the Attorney General's office. But the LL might claim damages, and who knows what they can prove or not. That's why you need photos and whatever evidence you can put together.

We can't give you legal advice, only try to open you eyes that it appears the LL is pulling a scam on you and you should fight back.

[skim99]

Thank you so much. I do still have a set of keys. Unfortunately the landlords occupy the house (1st floor) - one of them is always home. it will be very difficult to get in without them noticing. I have set up a meeting with them later this week and will try to take pictures then.

[TenantNet]

Or you could just walk right in. By the time they object you'll have all your photos, right? Use a digital camera and you can take many photos. Go with a witness just in case. As long as you are technically still in possession, it's entirely legal. Many LLs will claim that they don't have possession until the keys are returned. THe only downside I can see is that they might try to have you pay rent until the keys are returned. (or longer depending on the nature of the agreement).

[skim99]

Thanks for the quick response. Well our lease - if you can call it that, it was literally a document titled "house rules" - was up June 15. They believe I have returned all keys. If They do see me inside will they claim posession?

[TenantNet]

The end of the lease does not mean you have given up possession. People stay beyond the end of the lease all the time.

A document that says "house rules" is not a lease. You could be a month-to-month tenant. Did you pay rent through the end of June? If so, then there's no question. While some tenants might move out early, you would still have legal possession until the end of the month.

Did you give the LL notice? Or did the LL give you notice? When did that happen and was it in writing?

If they believe they have possession, things could get complicated. I don't want to recommend that you put yourself in a situation where you could be charged with trespassing. But you need to make a judgment call on this considering all the facts.

[skim99]

We only paid through June 15. There is nothing on the "agreement" that mentions moving out policies. I knew it was a sketchy document but I expected we'd be signing the year lease after the agreement was up and did not foresee a problem...which of course, has now come back to bite me in the a**.

[skim99]

Oops forgot to answer this part. Notice was given to LL in late May -- after she basically stipulated that I could stay in the apt with a year lease, but could not get a roommate if my sister (foreign student) had to leave the country.

[TenantNet]

And the notice was for how many days? None of this makes any sense at all, either what the LL did or what you did. Look at the Month-to-month section in the Forum's Reference section.

[skim99]

I agree that it was unorthodox and foolish, but we were quite desperate after having a hard time finding apts. Because I am the only one working full time, with credit history etc., and our guarantors are out of state, we have had to deal with many landlords who asked for a year upfront even. I have found this to be a common experience for international students.

Our agreement was up 5/15. I asked if we could stay through 8/15. She refused and said the latest I could stay up to is 6/15. She collected rent for that month (5/15-6/15), not letting me use half of my deposit for last month's rent. I did not want to withhold the rent at the time.

I will take a look at the month to month section. Thank you.