Shady landlord

Status
Not open for further replies.

granolieman

New Member
I lived in an apartment for 3 years. 2.5 years in, I got a roommate. I notified the landlord of the roommate and asked him to take care of deposit/lease details. So the roommate moves in. I put in my 30-day notice in Oct., stating that I'm moving out November 30th. I also state that while I'm moving, the roommate is interested in staying. The landlord writes back and promises to work out deposit/lease details so he can take over the place.

Sounds great, right? So I move as expected on Nov. 30th. I move 2,000 miles away to another apartment. I email the landlord in January with my new address to send my $1,100 security deposit back. No response. I wait for a while, no check shows up. A month later, I email to remind him again. He says I'll get my deposit back once the roommate moves out. I said, "Sorry, that wasn't what you promised me. HOW is the other guy still living there if he didn't give you a deposit?" Landlord responds, "He couldn't afford one, so we're just using yours." How wonderful. Never asked for my permission.

Over the next 5 months, I email him telling the landlord to get the roommate OUT of the apartment. I even send a letter-of-demand asking for my deposit back. I then email the landlord ordering him to evict the tenant so I can finally get my money. At this point, the ex-roommate becomes angry that I'm trying to get him kicked out. He FINALLY moves in May.

The landlord doesn't even notify me that the tenant has finally moved. I email once again, asking for the deposit back. His reply, "The apartment was so damaged that we had to use your entire deposit to fix it up." I've asked for a receipt, no reply. Obviously the roommate destroyed the apartment knowing I'd have to pay for it. I told the landlord this was entirely his fault since he knowingly let the tenant take over the apartment without a deposit.

I've contacted Fair Housing, but they only deal with discrimination issues. I contacted Housing Rights Center, yet they don't deal with landlord/tenant disputes. Suing is out of the question, because I'm horribly broke. I can't afford the plane ticket, hotel costs, court costs, taking the time off work. Who can I contact and how can we take away this landlord's business license? Would love to see him fined, too. :yes:
 
As long as you did your move out with proper notice as sated in your original lease then he should give you your deposit back. He should have proof of the work he did on the apt. The bad thing is it (as you have stated) will cost you more trying to get your deposit back. Unless you are willing to put the time and money into this then nothing will happen to him. Good luck
 
Stop with the emails. Send a certified letter that clearly shows that you are familiar with the law requiring the return of the deposit within the specified time (I think it is 3 weeks) or an itemized list that accounts for how the deposit was used. Regardless of the damage, if there was any, if the landlord did not comply with the requirements within the proper time frame then you could potentially recover your deposit plus some. I believe you are allowed to claim up to three times the amount of the deposit. If your letter lays this out and clearly shows the landlord is in violation and also indicates your intent to pursue the matter then you just might find a check in your mailbox before too long.

Also, the landlord apparently did not have a valid reason to evict the other tenant. The landlord was also right to hold your deposit until the apartment was vacated. The landlord was under no obligation to collect an additional deposit from the new tenant when he moved in.
 
The landlord just emailed yesterday asking for a copy of the lease. I asked, "You don't have a copy of the lease at all?" They apparently misplaced it. Getting fishier...
 
Thanks for the links. It's definitely been more than 21 days since the apartment was vacated and still no receipt for the work done. Gonna send them a second letter-of-demand. They threw the first one away, so I'm crossing my fingers this second time around! :)
 
If they don't respond then your only option is court.
If you should get that far, keep in mind that you can claim damages up to three times the amount of the deposit. If you don't ask for it you won't get it.
 
Status
Not open for further replies.
Back
Top