utilities and security deposit

[ryan0510]

On November 1, 2009 I provided written notice of my intent to vacate my rental house at 8 cr 1106 Oxford, MS as required by lease. On Jan. 28, 2010, I called the landlord to follow up and ask how he wanted to take care of the electricity, as I planned to move out on Jan. 31, 2010. The landlord stated that he would go to the electric company on Feb. 1, 2010 and have it switched into his name, as he did not want the electricity to be disconnected. On Feb. 27, 2010, I received a bill from the electric company in the amount of $394.00. On March 1, 2010, I called the electric company and they informed me that the account had not been taken out of my name. I then called the landlord to ask if he changed it, and he said that he had, but the "government employees" at the electric company had forgot to change it. The landlord informed me that he would go the next morning, (March 2, 2010), and have it changed. I told him to give me a call after it had been done. At 4:30 on the afternoon of March 2, 2010, I had not heard from the landlord, so I called him back. He stated that it had "slipped his mind" to go and change it. I then sent in a disconnected form (as advised by the electric company) to have the power turned off, and taken out of my name. I called the landlord to inform him of this. He stated to me that I would owe a bill for the month of February. When I tried to tell him I did not feel that I was responsible for his mistake, he got mad and hung up on me.

Also of March 4, 2010, I have not received the written notice by which the landlord claims all or any portion of the security deposit with the itemized amounts claimed, nor have I received any portion of the security deposit. Section 89-8-21 MS Code: Tenant's Security Deposit. What advise would you have for someone in my situation?

 

[Gail_in_Georgia]

It would have been far better for you to take care of the power business instead of relying on the landlord to do this. He, of course, had no incentive to do so. By doing so, the power company would have read the meter when they came to turn off the power and you would only have been billed for this amount.

Mississippi requires that the landlord handle the security deposit issues within 45 days of the tenant vacating the unit. It's not been 45 days since you left so he still has time to get you this information. If he does not, you write what is known as a "demand" letter demanding the return of this within a certain time frame (say, a week after he receives this letter).

If he does not respond, then your next step is to consider whether you wish to file a lawsuit against the landlord. Such cases are typically handled through Small Claims court (Justice Court in MS) as they involve relatively small amounts of money and do not require that one hires an attorney. Mississippi hears cases up to $3500 in this court.

You can add at least some of this electric bill but the tricky part is knowing how much you owe from January versus how much the landlord owes. If you have copies of your previous bills you can "guestimate" what your usage for January would have been.


Gail

 

[ryan0510]

Thanks for your reply.

If the LL does not send this information by the end of the 45 day period, do I have the right to request the full deposit back, or can he still deduct from it?

 

[Gail_in_Georgia]

Yes; you have the right to request the full deposit back. Your argument would be that the landlord did not return this within the time period required by this state.

Gail