TenantNet Forum

Where tenants can seek help and help others



Forced to leave/ security deposit Louisiana

Moderator: TenantNet

Forced to leave/ security deposit Louisiana

Postby sadnola » Fri Sep 28, 2012 11:46 pm

I am associated with a college in Louisiana. Back in August I found a place and a landlord (?)/roommate. I have been here less than 3 weeks and I am already forced to leave. My roommate/landlord (?) will keep the security deposit.

First of I am not even sure she owns the place since in the Lease she is described as "the owner" and I as "the subtenant" meaning I rent from a tenant and that she doesn't own the place ... and this may be useful after all.

Anyway, since day one this place has been a living hell and she makes it unbearable for me to stay any longer. Not only did she lie to me stating the place was 10 minutes away from school, it is, providing you have a car, but she did not mention riding the levee at night was dangerous because of darkness and of crime, and that buses stopped at 9 on their hourly schedule but she also behaves in an inhumane way since day one.

For instance, she let me starve for 20 hours the day I arrived though I asked her to show me the nearest grocery store, which she did not, but she had diner on her own eating take-away she had taken earlier.

There was no food in her house and I had nothing to eat until the next day...That's one example, but there are many and I do not feel welcome or at ease in this place at all. She can stay in the same room without uttering a word.

I am therefore forced to relocate closer to Tulane but also because life is miserable with her. It takes me a lot of energy and I feel depressed.

I moved in on Sept 8th after having delayed my arrival because of Hurricane Isaac as the house was without power and I could not reach her. I paid the entire month of September she did not offer to compensate. Since week 2 I told her I wanted to leave, she said I could but would keep the security deposit as specified in the lease.

Is there a way to get this money back or is that evil person, that I suspect doing it on purpose, going to get away with it?

Thanks for your help!
Last edited by sadnola on Sat Sep 29, 2012 5:54 am, edited 1 time in total.
sadnola
 
Posts: 3
Joined: Fri Sep 28, 2012 11:33 pm

Postby TenantNet » Sat Sep 29, 2012 3:46 am

First, I edited your post to remove specific identifying details.

Second, I am really sorry, but it seems you expect a roommate to be your mother. Things may be different where you are from (I suspect you are not from the US), but in the US, college students are essentially on their own.

It sounds like she might be the prime tenant and is taking you in as a roommate. To an extent, then yes, she is in a landlord-type situation. It's often called a licensee.

She is not responsible for the time it takes to get to school, or how dangerous it might be, or feeding you (unless it's a boarding house with provided meals). Many roommates aren't friends, so they might not eat together or chat it up. And she does not expect the same from you.

Much of this sounds as it is your expectations. Most universities have a student housing office, and some even an office to help foreign students acclimate.

On the Hurricane, well that's an "Act of God" and most leases have provisions that landlords are not responsible for events not under their control. You get our sympathy, but I don't think the landlord can be blamed here.

On the security deposit, we would need more information, and a better understanding of the laws in your state (in the southern US).. But I can almost guarantee you that deposits would cover a minimum of a month, probably longer, depending on the term of the rental agreement.
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 10309
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City

Postby sadnola » Sat Sep 29, 2012 5:52 am

First of, I do not expect her to be my mother, all I am saying is on day one if someone arrives after a 17-Hour trip you offer a drink and when asked to indicate a grocery store in the neighborhood you do, that is called RESPECT or politeness and don't tell me there is no such thing in the US, I lived here for years before and I totally know how you behave.

Second, I am not a College kid I am a scholar doing resarch, thank you. If you want to edit my post do so with relevant and accurate information, at least...

Third, she lied to me not telling the truth about this place, how far and remote it was. Google map may be of help indeed but it doesn't tell you that there is no light on the streets and that actually can't ride a bike on the levee or on the roads. There only a certain amount of things someone can check from overseas. And giving an accurate description of the property is mandatory.

Fourth, the security deposit is a month rent, now she wants October's rent if I stay until I have found a place plus the security deposit in her pocket.

Fifth, if hse is a tenant then in order to act as the owner she must have permission from the actual owner of the place, otherwise that is illegal.
sadnola
 
Posts: 3
Joined: Fri Sep 28, 2012 11:33 pm

Postby TenantNet » Sat Sep 29, 2012 7:01 am

People don't come to this website about lack of courtesy; they come regarding their legal rights.

We also tell posters in the Forum rules to not post any identifying information. That's for your protection.

Tenants have a right that the condition of an apartment is what has been advertised, but there's no legal obligation that the distance from a college or business be accurate. That's called buyer beware. You do your own homework on that. Oops, I meant research. (plus, you admit it's about ten minutes by car, so there really isn't much misrepresentation on that point).

That's why colleges have office of student housing, or offices for foreign student. THEY should be able to tell you the good neighborhoods. A landlord has no obligation, legal or otherwise, to tell you about where there are street lights.

As for security deposits, yes, they usually are a month's rent. In some places it's two months' rent. Yes, a LL would expect October's rent if you stay there in October. You're a so-called scholar and you don't understand that?

As for the amount of security and any terms of its refund, that would depend on the wording of your lease, and any local laws. But if you move out before the end of a lease or agreement, most LLs will keep the deposit. There are times that's reasonable and times it's not.

Your fifth point doesn't make sense, and in most places it's incorrect. Tenants in most places have the right to have roommates at their discretion, without any permission of the LL needed.

But a lot of that has nothing to do with your complaint. This is really about hurt feelings and unrealistic expectations.
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 10309
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City

Postby sadnola » Sat Sep 29, 2012 7:35 am

I think you really should stop with stupid attacks and insults such as "so called scholar"....You want to play dumb devil's advocate, fine I mean it's on your week-end time fter all... And if instead of being just mean you actually knew what you were talking about that'd be better, frankly.

Do you really think you are being useful here? Seriously...this is a joke.

Such kind of postings are useless and pointless.
Do not waste my time any longer, please.
sadnola
 
Posts: 3
Joined: Fri Sep 28, 2012 11:33 pm

Postby TenantNet » Sat Sep 29, 2012 7:43 am

We're not attacking you, but we're pointing out your expectations are unrealistic. You made sure to point out your academic status (as if we're impressed), yet you don't seem to be able to investigate the area where you will be living. Universities have support systems in place for out-of-state or international students. Use them.

Your roommate (the prime tenant) does not seem to be doing anything improper based on what you have said.

Who is wasting whose time, seriously?
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 10309
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City

Postby ronin » Sun Sep 30, 2012 8:20 pm

I'm just guessing here, but it is highly unlikely that a southwestern state is going to have more restrictive rights on subletting and roommates. I have heard that out yonder the lease is king. If the lease didn't include dinner every night then I doubt the LL (or prime tenant) has any duty to provide it.

Now, as for Tenant wasting your time. I point out that you are on his forum seeking his advice. You don't have to like his advice, and you don't have to like his grumpiness (but you'd be grumpy too if you dealt with the NYC rental scene). But to call him wasting your time is just plain obnoxious. And he has a valid point- you identified yourself as a researcher and yet you apparently did no research at all. Shame on you!

I do disagree with Tenant on this: I don't think you think your LL is your mother... I think you think your LL is your personal valet. You sound like some foppish lording whining about how the natives didn't give you crumpets with your tea! Pathetic. If you want a concierge go rent a hotel. Tenants have real problems to deal with, and your rude, obnoxious attitude shines through even when you're asking for help. Either cough up the money to go to the five star hotel you were dreaming of, or go crash at a youth hostel. Either way, quit badmouthing your LL for not babying you.

Another option you have is to stay and hire a nanny to look after you.

IMHO
ronin
 
Posts: 419
Joined: Sat Mar 16, 2002 2:01 am


Return to General Discussion - beyond New York

Who is online

Users browsing this forum: No registered users and 8 guests