Broke Lease-Forfeit Security Deposit-Extra charge for Repairs and Cleaning
My son and his wife had to break their lease after 5 1/2 years to seek cheaper housing after losing his job and trying to raise 2 small children. They forfieted their $1,500 security deposit, of course. Now 6 months later the landlord has forwarded a letter asking for $1,322 (less than the amount of the security deposit with $178 left over) for cleaning, painting, fixing faulty basebard heat registers, and an out of line patio door that would not close properly. He was made aware a long time ago about the patio door and looked at it and said it was due to the building "settling" and could not do anything about it. One Winter he covered it with plastic to keep out the cold air but never did anything since. He was also made aware of the heat registers and collapsing shelves in the kitchen cabinets. Now they get this letter itemizing repairs including the door and heat registers. It appears he is not using the security deposit for anything, but billing them for the repairs in addition, 6 months after they moved. He also states that if money is not received by May 1, 2009 he will take them to court and sue for 7 months back rent in addition to repairs. It appears he is counting on them being naïve enough to pay him the $1,322 so he will forgive the "back rent". This is almost 6 months after they moved and feel like he is trying to intimidate them. Can he do this? He says he understands why they had to move (right!! ) and feels bad about the situation BUT must protect his rights etc. My son is still out of full time employment and only works abot 15-20 hrs per week at barely over minimum wage. His wife works about 30 hrs per week and will have to stop soon due to being pregnant.
Incidentyally, the apartment is still empty as he is gutting the whole place and put in a whole new kitchen and all new thermopane windows- things he should have done years ago. Is he on the level??