My girlfriend recently rented an apt. Her security deposit was $400. She took over a lease for a lady so she resigned a lease. The guy that owned the apartment lived 2 hours away, so he never came to the apartment... it was all done through mail. Halfway through the lease, she wanted out and asked if she could find a subleaser. He said since she was basically subleasing (because she took over for the other lady, but signed a new contract) she had to stay there... so she basically just paid everything month to month and didn't live there. The sink was falling off the wall so she called him several times to come and fix it... finally he got someone to do it. Her lease ended in August and he called her May 31st and told her she could move out if she wanted, because he wanted the apt June 1st. So she did the best she could in getting her stuff out ASAP. He threatened to charge her if she didn't get the keys back to him soon and he would have to change the locks. So she got them to him and 2 months later, after calling him several times for her deposit, she got the check. The check is only for $150. She got 250 bucks taken out for the oven not being clean, the caulking of the bathtub isn't good so he had to do that, she got charged for him having to change the locks when he already made her move out before the lease was done, etc. He never did a walkthrough with her to see the apartment, and he has never been around "in person" to do anything with the apartment. Even when she calls him he always has his secretary talk to him. Can anyone give any legal advice as to what she can do about the deposit money and/or what she should do?

What does the written lease say regarding the return of the security deposit? If you can find where he didn't follow the lease (sounds like he probably took too long returning it) she can take him to small claims court. Usually for twice the amount of the deposit. (See your state's landlord/tenant laws in the first post in this forum)

Otherwise if he didn't violate the lease returning the portion of the deposit then she can still sue him in small claims but it would be he said/she said regarding the condition.

Karla in TX

At the top of this forum is a link to state tenant/landlord laws. Many states have a time limit by which the deposit or an accounting must be returned. If he vioated those laws, then she can sue him in small claims court. Otherwise, she will have to sue on the grounds that the repairs were not necessary or constituted normal wear and tear. That will be much harder to prove as he will have receipts from the people who did the repair.

If your sis signed a new lease, then she was now the primary tenant. Doesn't matter that she originally came in as a sublease. The lease should have specified whether she could sublet or not.

One should never take advice from someone who interests are the opposite of yours.

Ok another question is, can he blame the repairs on her since he didn't know the condition of the apartment when she moved in, or will she just be blamed for them? Because she signed the new lease through the mail and he never checked the condition when she took over the lease. Like not using the oven (because she never cooked there), he took off money for not cleaning that. He never even did a checkout to tell her what things would be taken off... he just wanted the keys from her. That's why I think it's a bunch of bull that he didn't even tell her he was taking stuff from her deposit and she didn't even have time to fix them.

When someone moves into an apartment they NEED to document any problems they find needing repair or the overall condition of the apartment. When they move out they need to do the same. Preferably via a walkthrough with the landlord or their representative. At least with a 3rd party and take pictures.

Your sis probably did neither, which leaves her at the mercy of this landlord. If she sues him she will have to present proof that the conditions existed when she moved in or didn't exist at all. From what you are saying she can't do so.

I would suspect that the LL is gouging here. I would say that many landlords do because tenants tend to leave a mess or not bother about the deposit. But without proof, going to court would be a waste of time.

Well, there's no doubt that the guy isn't managing his property very well. As far as what he can do and should do and all of that... it's all going to come down to a judge's interpretation. Did she take photos of any sub-par conditions when she moved in?

At this point it sounds like he's considering the matter closed. For your girlfriend to have any chance of getting the rest of her deposit back - or more she's going to have to go to court. If she's not willing to do that then (as creepy as the LL sounds)it's not worth wasting any more time or energy being ticked about it. It does sound to me like she has an excellent case against him if he took more than 30 days to return what he did give her back.

No, she didn't take any pictures. He knows about the sink and stuff but like the door not matching up with the trim and the caulking around the bathtub can't really possibly be her fault? He called her on May 31st and asked if she could move out by June 1st because he knew she wanted to get out of it anyway. Then he's being a about all of this? He already had time to advertise and get someone else in there. Then she just received the money in the mail August 4th when she moved out June 1st? That's what she is pissed about... he took 2 months after several phone calls and then knocks 250 bucks off the deposit.

Check the law for her area. Many states have statutes that give the landlord a limited time to return the deposit or at least an itemized bill. If her didn't give her anything for 2 months, you might be able to get damages.

OK, so she needs to march her pissed off little butt down to the court house and do something about it. Again... unless her state laws or lease are dramatically different than what the vast, vast majority say she has an excellent case to get her entire deposit returned and then some. Simply based on the fact that he didn't return anything to her in a timely manner. At this point it doesn't really matter what he kept or why or how just or un-just it is. He (typically) has to do it all within 30 days.

We all agree with you that the guy is being a jerk, but that has no bearing on the facts of the case. How jerky he's acting may give her more ammunition in court (you're right - bathtub caulking, for example, is normal wear and tear - not a tenant's responsibility). But I don't think she'll even need that ammunition.

Go read the lease and see what it says about time limits to return the deposit along with an itemized list of any withholdings. Have you done that yet? Is she going to sue him. That's the only satisfaction she's going to get out of this.

Slightly different take on this one: From everything I read, I seriously doubt that the tenant has anything in writing that says that the landlord wanted her out early or about the keys or anything else that is pertinent. I am not saying that the landlord is correct in the way he handled everything or that the tenant is not due her deposit; however, the lease did not end until August and the money was returned within 30 days of the lease ending. Without something in writing regarding the early agreement to terminate the lease and proof that the unit was occupied before the lease ended, she is going to have an up hill battle trying to prove the telephone conversations. This may be a landlord/tenant learning experience and nothing more.