Security Deposit A full months rent taken out of my securiy deposit breaching verbal contract.

[Jjacks81]

I moved out of an apartment on may 3rd. The landlord agreed to prorate the month based on the amount of days we were still living there and remove the 3 days worth of rent from My security deposit. I received my deposit check in the mail totaling 468.50$ which was supposed to be for 1070.00$. They have taken out the full mays rent including an additional 46.50$ for electric which the power company says I am not liable for. The accountant at the property management company now denies the entire conversation in which she agreed to prorating. I had issues with the company in the past and due to that I had three witnesses listening in on the conversation in which we made our agreement.

What should I do? My father is a real estate lawer in Georgia and has advised me to write a letter of notice reexplaining our agreement and that I expect them to cut me a check for the remainder. Any other advice in this situation? I would prefer to not file a lawsuit but I am willing if that is the only choice.

 

[shrinkmaster]

The electric company should not be telling you what your liable for. Minus some agreement in writing your likely screwed

 

[mightymoose]

Did you give proper 30 day notice prior to moving?

 

[Jjacks81]

I turned in my 30 day notice as soon as this company agreed to prorate. My financial situation at the time would have made it impossible for me to move out without having the three days I was still there in may prorated and withdrawn from my security deposit. The electric company is having me send them copies of my ledgers from the property management company and they are also considering filing a lawsuit due to the property management company recharging tenets for the electric service. (apparently this wasn't the first time they have had issues with them either)

 

[Jjacks81]

The electric company says I'm not liable for that money because service was transferred by the property managment company out of my name the day I moved out.

 

[Proserpina]

Guys, you're wrong here.

Under Montana law (and most states actually), a landlord must return the tenant's security deposit within a certain amount of time (in this case 30 days after the tenant has surrendered the rental property to the landlord), or within a different set period (in this case 10 days) if there are no legitimate deductions from the deposit. Unpaid rent is NOT a valid deduction and the landlord CANNOT use the security deposit to cover unpaid rent; the landlord's recourse is to sue the tenant for the unpaid rent.

OP, I'd go and have a chat with a local attorney on this one. The landlord is in the wrong, even if you did break the lease early or contrary to your original terms.

 

[mightymoose]

So long as you gave adequate notice the landlord has no legitimate claim and is obligated to prorate. If you are unable to convince the landlord to remedy this you should have a solid argument to make in court. If you are forced to sue you may be able to seek a punitive amount above what has been withheld.