We were on a month to month lease with the landlord since we were trying to buy a house. Let him know on July 1 that we would be out no later than Aug 15th. He posts an ad and finds a tenant.
First week of August, had a lot of rain and ceilings had severe water damage. Landlord tells us to be out (wouldn't put in writing) ASAP since he would need to get his guys in there so new tenant can move in on the 15th. We close on the house August 6th and move out August 8th. We pay him through August 8th (no further access to apartment.)
Schedule a meeting for August 9th to turn in keys, etc. Landlord cancels that morning and says to leave forwarding address on kitchen counter so we do. Says we can meet up August 11th to turn in keys. Show up at apartment and see personal items (not ours) in apartment. Landlord calls when we are supposed to meet and tells us that we can toss the keys, the locks have already been changed by his guys. He reminds us we have to wait 20 days for deposit.
We wait 20 days for deposit, no deposit in mail. Fast forward 4 months later, after numerous phone calls (he never called me), he keeps promising to send us a check which we never receive. I file in small claims court.
Now he sends me a certified letter telling me to stop harassing him with phone calls and that he sent us a letter on Sept. 7th stating that he was withholding $630 for the rest of August rent and that we OWED him $185. He also says we moved out on the 14th of Aug, which is not true. I have moving truck rental receipt, utilities bills and phone records.
I drive by and check with current tenant, she says she moved in second week of August. He wouldn't put anything in writing it is mainly phone calls. Do I have a case in small claims since he can't collect rent from me WHILE he has a different tenant in there? Also, he sent me the "supposed Sept. 7th letter" more than 20 days AFTER when he claims we moved out.
Any help would be appreciated. Thanks.
First week of August, had a lot of rain and ceilings had severe water damage. Landlord tells us to be out (wouldn't put in writing) ASAP since he would need to get his guys in there so new tenant can move in on the 15th. We close on the house August 6th and move out August 8th. We pay him through August 8th (no further access to apartment.)
Schedule a meeting for August 9th to turn in keys, etc. Landlord cancels that morning and says to leave forwarding address on kitchen counter so we do. Says we can meet up August 11th to turn in keys. Show up at apartment and see personal items (not ours) in apartment. Landlord calls when we are supposed to meet and tells us that we can toss the keys, the locks have already been changed by his guys. He reminds us we have to wait 20 days for deposit.
We wait 20 days for deposit, no deposit in mail. Fast forward 4 months later, after numerous phone calls (he never called me), he keeps promising to send us a check which we never receive. I file in small claims court.
Now he sends me a certified letter telling me to stop harassing him with phone calls and that he sent us a letter on Sept. 7th stating that he was withholding $630 for the rest of August rent and that we OWED him $185. He also says we moved out on the 14th of Aug, which is not true. I have moving truck rental receipt, utilities bills and phone records.
I drive by and check with current tenant, she says she moved in second week of August. He wouldn't put anything in writing it is mainly phone calls. Do I have a case in small claims since he can't collect rent from me WHILE he has a different tenant in there? Also, he sent me the "supposed Sept. 7th letter" more than 20 days AFTER when he claims we moved out.
Any help would be appreciated. Thanks.
