Security/Damage Deposit Return Question

[skudr248]

figured things out thanks

[wooohooo]

Did you sign a lease for a year? I believe your damage deposit can be used in such cases like this. It's security for your landlord where if their tenant leaves, they still have a months rent to cover. However, the landlord must diligently look for a tenant... how you can prove he didn't is another story.

To be honest, I think you should just suck it up, I don't think you would get much or anything even if you took it to small claims. 4 days notice is not sufficient time at all. Usually at least 30 days is required.

[getbak]

Unless I'm misunderstanding your post, you gave him 3 days notice that you'd be moving out. You're required to give him at least 30 days.

If he found a new tenant for the 15th, he can make you pay for the first half of the month where he didn't have a tenant in there. If he hadn't found a tenant for any of November, he could have charged you the full month's rent.

[Bring_Back_Shantz]

Originally Posted by skudr248

Well story is, and ill try to make it short, I moved into an apartment on September 1st so I can be closer to school, payed $500 security deposit to my landlord (with whom I live with), unfortunately family things happened and I told my landlord I had to move back home and will have to leave by Nov 1st, on Oct 27th (I pay my months rent upfront always not at the end of month). I asked for my deposit back 2 days ago ... he didn't even mention giving me my deposit back at all before, and told me he would only give me $150 back because the new renter will be moving in today the 15th which is his brother and basically he did not even try to find a roommate at all before then which he told me. Now he wants to charge me half months rent (350) for no one living there? I told him that's bs as the law states you can't do this, he hasn't responded yet so I want to grab some info from someone who knows anything and if I should take this to small claims as I am a student and he's effing me over bad here. So far I have found this saying under any circumstance I am entitled to my deposit back, within 10 days, which it's already been over 2 weeks (and just fyi - I never broke anything, cleaned up all the time, barely actually stayed there because family things)

http://tenant.landlordandtenant.org/...it_return.aspx

Dude, he found a new renter within 2.5 weeks of you bailing on him. Seems to me he did a pretty good job of filling the vacancey as quickly as he could.

As for the second part....says the guy who gave someone 4 days notice that they'd be moving out.

[Reaper]

Originally Posted by skudr248

Well story is, and ill try to make it short, I moved into an apartment on September 1st so I can be closer to school, payed $500 security deposit to my landlord (with whom I live with), unfortunately family things happened and I told my landlord I had to move back home and will have to leave by Nov 1st, on Oct 27th (I pay my months rent upfront always not at the end of month).

That's how rent works. You pay in advance. If you pay after the term of residence it is a hotel.

Originally Posted by skudr248

I asked for my deposit back 2 days ago ... he didn't even mention giving me my deposit back at all before, and told me he would only give me $150 back because the new renter will be moving in today the 15th which is his brother and basically he did not even try to find a roommate at all before then which he told me. Now he wants to charge me half months rent (350) for no one living there?

This is actually quite fair as 30 days notice is standard. What are the odds that he'd be able to find a new tenant with three days notice? Slim.

Originally Posted by skudr248

I told him that's bs as the law states you can't do this, he hasn't responded yet so I want to grab some info from someone who knows anything and if I should take this to small claims as I am a student and he's effing me over bad here.

Actually, you're wrong. Nobody is "effing" you over. You made your own bed now you have to lie in it.

Originally Posted by skudr248

So far I have found this saying under any circumstance I am entitled to my deposit back, within 10 days, which it's already been over 2 weeks (and just fyi - I never broke anything, cleaned up all the time, barely actually stayed there because family things)

http://tenant.landlordandtenant.org/...it_return.aspx

You may be entitled to your deposit back but if you want to get technical you still owe him a month's worth of rent because you didn't give him proper notice. With that in mind, you're actually being treated fairly in this instance. He found someone who would rent mid-month when he could have easily just had his brother stay with him as a guest and put you on the hook for the whole month.

[Bill Bumface]

This is why I no longer have a rental property.

Tenants..... amirite?!

[bizaro86]

You can take him to court, but you'll lose.

A security deposit can be used for unpaid rent, which you owe him. (Unless your lease somehow says 3 days notice is fine, which I seriously doubt)

[burn_this_city]

4 days notice and you're the one being effed over?

[skudr248]

okay got some solid info I guess, sheesh, first time renter here. Thanks

[puckluck2]

He's doing you a favor. I wouldn't have given you a penny.

[albertGQ]

Originally Posted by skudr248

okay got some solid info I guess, sheesh, first time renter here. Thanks

No doubt. I would hate having you as a tenant

[skudr248]

lol

[morgin]

Originally Posted by skudr248

lol

Helpful tip as you seem to be young: don't go around saying things like "I told him that's bs as the law states you can't do this" unless you actually have a solid understanding of the law. It makes you look kind of dumb when it turns out you are wrong, and when you get into this habit of using "but that LAW says" to win arguments, you will be called out on it.

[normtwofinger]

Looks like someone learned a valuable life lesson the hard way.

[MelBridgeman]

Originally Posted by skudr248

okay got some solid info I guess, sheesh, first time renter here. Thanks

do s

So? Learn the rules before you do something..3 days noticed and you are the one entitled???