Thursday, December 10, 2009

Can a landlord keep my deposit due to late charges we were never informed about?

We signed a lease over a year ago and it expired and we never recieved a copy of it after asking several times for it. My landlord says we have acrued many late fees and that is why I won't get my deposit back. Is there anything I can do about getting my deposit back? And also, they say were owe for damages that were done before we moved in.



Can a landlord keep my deposit due to late charges we were never informed about?concert tickets



Sounds like my case which is still going on. Look up the state statutes in your state and find the landlord/tenant rules. Most states say the landlord has to give a written list of deductions /damages with balance of security deposit within 30 days. If you have pics, that will help a lot. By most laws, if a request for a signed contract is stated, they must give you a copy. What I have done so far was went and bought the book "Everybody's Guide to Small Claims Court." In there is lists many facts that will help you. You will probably end up taking him to small claims court. If he did not give you a list of deductions and you fullfilled your tenancy requirements, the judge will rule in your favor. Make sure to send a couple of demand letters certified mail as well. Hope this helps.



Can a landlord keep my deposit due to late charges we were never informed about?theater seating opera theater



Depends where you are but in Canada you get the deposit back plus interest on it. Unless your landlord can produce some kind of proof that you were warned about lateness of payment then you may have a case in renter's tribunal or small claims court. Often the deposit will be one months rent so you pay for the first and last month at the beginning. Thus, many people just don't pay the last months rent and use the depsoit to cover it.
you can sue in samll claims court.. I would do so.
you should have gotten a copy of the lease when you signed it, first of all. second did you have late payments? if so then you may have been charged interest on those and they would have been taken out of your deposit, this would have been in the lease, did you read it before you signed it? Also before you can take it to small claims court about the damages done before you lived there , do you have proof that you didn't cause the damages, did you inform the land lord about the damage when you noticed it when you were inspecting prior to moving in? If not then you will most likely be held responsible for the damages. I wish i could have given better news to you about all of this, you will just have to take a lesson from this, take pictures prior to moving into a place, always read your leases, and always get a copy of any lease signed. Good luck
Creeps get favored in many places. A true slumlord knows how hard it is to get a deposit back. You cannot recovery legal fees in a lawsuit and they will be more than the deposit. You can try the BBB but a butthole is a butthole and a good butthole knows how to screw poeple. Good Luck
They can keep your deposit if you have an outstanding balance, Did you read your lease before you signed it? If so in the lease it should state what the late fees are and when the rent is late. (They can only charge so much a month... I am in Texas and the max late fees per month is $165). As far as the damages goes... ask to see pictures. If they do not have pictures they can not prove that you did have damages. In that case you would have a good case in small clams court!

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