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    ludwigtrio's Avatar
    ludwigtrio Posts: 1, Reputation: 1
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    #1

    Sep 11, 2006, 10:24 PM
    Leasing cottage in Alaska
    I live in Alaska and recently engaged in a 8-month lease. The dwelling is a cottage that is rented on a nightly rental at 220.00 through the summer then starting in late Sept. becomes a winter rental at 750.00 a month all utilities included. When speaking to the land owner he said that the unit would be available Sept 17, 2006. When I called back to talk about renting the unit he said the rent was 750.00 a month pro-rated for Sept, last month of 750.00 and a 500.00 refundable deposit that was for holding the unit and any damages occurred through the lease. On September 5, 2006 I went to the unit and met up with the landlord gave him a 500.00 deposit. At the time I signed a lease agreement that stated on the 17th of September I would move in and on May 31st of 2007 I would be moved out. While signing it and reading the lease I asked when the lease starts the land lord said on the 17th when you pay your pro-rated 1st months rent. He also told me to fill out paperwork on past rentals so he can verify my rental history. He said that if it came back good my lease would start the 17th of September when I move in. If it didn’t approve then the 500.00 dollars would be given back and we would go on with our lives.. However, the very next day my son fell severely ill and I had to take him to the Dr.’s and I myself felt sick. I wasn’t able to fax him the rental history. Then I found myself in a bigger predicament when I found I was pregnant and again had to take my son to yet another Dr. appointment. When I called the landlord on the 8th explaining that my son was very ill and other circumstances came up and that I was no longer able to rent the unit he became very angry. He yelled at me over the phone telling me he didn’t have time for this crap and to call him and his wife on Sat the 9th to come pick up our 500.00 deposit. However, when I called on the 9th they never answered and never returned my phone call. On Sept 11. 2006 I went to there property in my 3rd try to receive my deposit. At last I received a very unnerving phone call from the landlord saying by Alaska Law he doesn’t have to return the money and can charge me the rent for the next 8 months for the lack of my intelligence when it comes to lease agreements. He then told me in order for him to be somewhat fair I would need to produce my Dr. bills and confirmation of my pregnancy in order to give me my money back. The thing is I didn’t know my lease was in affect until the 17th and the 500.00 was refundable. He said that I caused them to loose business. My thought was that they had a summer rental with people in the unit until September 16 and I would then take over in a Winter Lease on Sept 17, 2006. He said this isn’t the case and I need to learn Alaska laws. He also went about saying he had to wait for me on the 5th when he could have been at the airport seeing his daughter off. Then he went off on how he could have rented to 3 other summer rentals at 220.00 a night and another winter rental offer. Well all in all I was crying by the end of the conversation while he conversed about how much it cost him every winter and the 750 didn’t cut it so on and so on. Even after I apologized profusely for the disappointment but I have a duty to my family and that is to take care of them. I didn’t know I was pregnant until after the 5th and was due May 11th. I told the man I wasn’t going to be able to lease until May and not have a suitable home to go to after my baby was born. Otherwise I refuse to live on the streets. He said that wasn’t his problem and that people like us should live in subsidized housing if we can’t afford rent when we wreak havoc on proper peoples lives. Am I wrong? Am I entitled to receive my 500.00 deposit back or am I just going to have to learn from this expensive mistake. Thank-you I know this is long but it’s been a hectic week. Thanks
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Sep 12, 2006, 05:57 AM
    First, do you have anything in writing that the $500 was refundable? Unless you do, it becomes your word against his. Second, you signed the lease agreement, which bound you to the rental. He would, therefore, be able to collect rental until he found another tenant.

    Your options at this point are to sue him for the deposit, claiming it was a refundable contingency payment. He might countersue for the rental.

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