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laleone · Sep 17, 2011, 03:15 PM

We had an ORAL 6 month lease, starting April 1st, 2011. We didn't move in utul the 15th, had no $$$ for the total $500 security deposit, BUT the outside of the property was an atrocity. My husband made a deal with the landlord to clean entire yard (2 large lots), cut trees, fix siding, remove branches grown into a/c unit, also stop a severe leak from inside shower that had let extreme amoutns of mold grow in the pantry as a result?
The landlord & next-door neighbor "caretaker" know all this work my husband performed for the 2nd half of the $500 deposit, but when we spoke to landlord this am, gave him our "last month notice", (October), he said he would ONLY refund what we actually paid, the $250 security deposit! He said cleaning up the place my husband did so we could just move-in... it WAS for the other half of the deposit, $250! Now he won't refund it.
Is there anything we can do to gt the other half of the deposit back, or did my husband bust his a$$ for absolutely nothing?

joypulv · Sep 17, 2011, 03:49 PM

Oral contracts for renting houses are just not going to hold up in court, but you can try, especially if you can get the neighbor as a witness. There's a fee for Small Claims, but if you win, it's included in the judgment. The problem with this is that it's often difficult to get PAID even when you win.

Saying that your husband agreed to clean up the place so you could move in is a lousy reason, so he just might shoot himself in the foot in court. Type up a nice invoice for the work done, make it look professional, and send it to him with a total for the work of $500. It might work, it might not.

You can accept the $250 without ruining your chances at getting the other $250. Even if he writes 'payment in full' or such on the check.

Get that back first. Then send the bill, and say it's due in 10 days or it goes to small claims.

ScottGem · Sep 17, 2011, 04:33 PM

I agree with Joy, that it's a long shot to recover that money. But it won't cost too much to try.

The next time get EVERYTHING in writing.

twinkiedooter · Sep 17, 2011, 04:48 PM

Basically you bartered his labor for the deposit money. He did the work you got the benefit of being able to move in. The judge may not rule in your favor due to this factor.

laleone · Sep 17, 2011, 07:57 PM

Thank you kindly, joypulv... we have SO much to do this is the LAST thing we need to deal with at this time... I'll try what you said. Suddenly, though... the neighbor is "hiding"... won't wave, speak to us all day, etc... and HE signed off on the list of the walk-through ibefore we moved in, and the work done in the yard & I believe WE DO have a copy! Never even thoguht of that until now... thank you again!