I vacated April 13 (landlord allowed me to move out 1 1/2 months early based on my "unpleasant experience" - I think he wanted to get rid of me because I stayed on him about unresolved maintenance issues). April 14th, new tenant moves in with a fresh lease (this was not a sub-lease). A new tenant that I found for the landlord by advertising and doing all of the showings on my own. My landlord told me that I would need to pay all of April's rent and he would include a 17-day credit with the return of my security deposit.

The state I live in requires landlords to return the security deposit and/or a list of damages within 30 days of vacating. As the tenant I was responsible for sending my forwarding address within 4 days of vacating - I sent two copies, one was certified-return receipt and the other regular mail. 34 days after I vacated, I received a check from my former landlord that was over $400 short with no explanation of damages or why there were deductions. He listed my deposit $30 shy of what I paid him, and he failed to include the credit for April's rent as well as a reimbursement of utilities that he overcharged me (he promised he would rectify the matter). He deducted 80-some bucks for gas and water bills that arrived after I vacated which were for the time I was occupying the residence. That is fine and I am happy to pay my share for use. But he did not include copies of the bills and it makes me wonder if he padded the rate. I have not cashed the check as I am disputing his claims. My attorney sent him a letter on my behalf stating that he was late, short, and if he did not return the remaining $400-some bucks within 7 days that I would sue him. It is now over 50 days since I have vacated and I have yet to receive anything from him. My attorney advised me to sue him and sue him for double the security deposit (based on state Act) plus the reimbursements. I filed the suit a few days ago. Now I am preparing for my case.

I am very confident that I have everything in my corner. I have all the canceled checks that my landlord cashed, copies of the bills that I was overcharged, emails from other tenants stating specific facts to support my case, copies of letters I had sent him, pictures, etc. I am trying to go above and beyond to be prepared for anything he may throw at me. I don't trust this guy one bit. After some investigating with other former tenants, he has a track record of ignoring the law. No one else has ever took the time to fight him because most of them didn't have any legal or financial resources. So, what type of things may this guy use against me? I can't see how he has any case since I have evidence to support my claims, but he is a snake. I am afraid he may know some loop holes. What could I expect? Thanks!

Without seeing the lease and only hearing your side of the story I see a few thing that he will probably do. Now what I say is based on Virginia if you are someplace else like say New York it could be completely different. He will probably say that he never told you that he would return a partial months rent unless you have that in writing he will probably win that point and the other thing is some leases state that if you sue the landlord you have to pay for your own attorney. Those would be the two things I would look into.

Michaelb- thanks for bringing up your points! This is exactly what I need - people to play devil's advocate and give me the flip side.
My landlord was very careful of only putting the "bare bones" in writing. I asked him to sign a lease termination agreement and he refused. I am asking the new tenant if he would write an statement stating that he is the new tenant, date he moved in, and the amount he paid for April's rent - to prove the landlord double dipped. I also have emails going back and forth between myself and the new tenant discussing the arrangements each of us had with the landlord in regards to that month's rent. But of course nothing to prove that the landlord said he would credit me. My word against the landlord's.
My lease did have a clause in regards to law suits. In Michigan we forefit the right to an attorney in small claims, we represent ourselves. If I win he has to pay my court fees ($54) and vise versa.

Is there a termination clause in your lease? Because with no termination agreement you might be in trouble because him letting you break the lease early despite any unpleasant experience you might have had, it is a favor to you. Even if he was double dipping you are still responsible for all of the rent for the entire contract unless the landlord signs something otherwise. At least according to the letter of the law. The emails between you and the other tenant will be hearsay and not usable in court unless the other tenant is at court. Judges though tend to favor the tenant and what makes sense like if you weren't living in the place you shouldn't have to pay the landlord rent so I'd say go to court just don't expect everything and learn so hopefully there won't be a next time.

Without knowing the whole picture it's hard to say what will happen I know one time I told a tenant if they were out by a certain date I wouldn't hold anything, but then the tenant left dog poo on the carpet and rotten meat in the sink. When I told the tenant I wouldn't hold anything I said that with looking at the house in it's current state. For some reason I didn't think I had to tell the tenant that I would return everything to her as long I didn't have to use a pooper scooper to clean up after her. That's my side of it. I'm sure hers is I said I would give her back all her money and I didn't.

Believe me I always respected my end of the contract and law. I would have never pursued getting out of my lease early because I know it's near to impossible. But since he offered and appeared to be more than accommodating, I took him up on it. My lease's termination clause did not list any penalties, just stated that the tenant could not break the lease. But since he is the creator of the lease and he said I could - wouldn't that be considered an override?

I scheduled a meeting with him to discuss his proposal. I had a termination lease agreement drafted that was equally fair for both parties and in compliance with MI law for his review - I was open to negotiations and compromise. But when I asked him to read the document, he became harassing. (Another common thread I have discovered from past tenants). He started yelling at me and demanded that I left his office out of no where. During his outburst, he did verbally agree to allow me to go without any penalties if I found the new tenant. He said he would deduct "advertising fees" from my security deposit. I told him absolutely not, I would not forefeit any portion of my desposit. I asked if I could do the advertising and showings on my own, he said yes. So I did. I had 18 people view the apartment within one week and 3 people fighting to be the next tenant. I had an incredible response and totally busted my butt that week!

I have requested that he has signed or put things in writing, but he has always refused. He keeps things down to the bare bones on his end. He prefers everything to be verbal. He has even refused certified letters I had sent him requesting service on unresolved maintenance issues. It's been very frustrating on my end since I too am trying to protect myself. And he always seems to have the upper hand.

Now with the new tenant, we arranged it so he would move in the day after I moved out so the apartment was never unoccupied. The landlord never lost money with me vacating early. The new tenant paid his security deposit and pro-rated rent for the remainder of that month when he picked up the keys. And I paid the whole month. He received a double hit for those 17 days in April. That is not fair.