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klementine · Jul 23, 2008, 08:46 AM

I was residing in an apt building and from my move in date have had issues with roaches and other tenants who flat out must have not liked me. I have called code enforcement numerous times re: issues that I was having there and was told my property manager that we should mutaully dissolve the lease. I paid rent for month of 6/2008 gave my written notice and cleaned and took pics of apt before I handed back the keys. I received a call from out of state landlord on July 17,2008 advising me that I was not eligible for receiving my security deposit in the amount of 685.00$ due to breach of lease for BBQ outside of the residence when the lease didn't say that I couldn't and also that was not the reason why we dissolved the lease. So he sent me a copy of the letter that he wrote advising me a section of lease that advises we can keep you security for breach of lease and named a paragraph from lease itself. Now the question that I have is that we are going to court for this, because if we mutaully dissolved the lease it would not leave me in breach of anything and according to a section in my lease it states that depsit will be refunded when all monies are due, written notice was given and if partries mutaully dissolve lease as well as a letter from the property manager stating I will receive deposit based on how I left the apartment? So what are my rights as a tenant? Security could be held for damages caused by breach of lease not because he thinks the lease was breached. THere are no damages caused and I am looking for my refund.

rockinmommy · Jul 23, 2008, 08:05 PM

Originally Posted by klementine

Now the question that I have is that we are going to court for this, because if we mutaully dissolved the lease it would not leave me in breach of anything and according to a section in my lease it states that depsit will be refunded when all monies are due, written notice was given and if partries mutaully dissolve lease as well as a letter from the property manager stating I will receive deposit based on how I left the apartment?

Ok, I'm still unclear about what your question actually is.

From what I could tell of your description, if you have written proof from the manager that the lease was mutually dissolved, then you should have a good chance in court of getting your security deposit back.

You ARE going to court? Or you're asking what would happen if you went to court?

JudyKayTee · Jul 24, 2008, 08:50 AM

Originally Posted by klementine

I was residing in an apt building and from my move in date have had issues with roaches and other tenants who flat out must have not liked me. I have called code enforcement numerous times re: issues that I was having there and was told my property manager that we should mutaully dissolve the lease. I paid rent for month of 6/2008 gave my written notice and cleaned and took pics of apt before I handed back the keys. I received a call from out of state landlord on July 17,2008 advising me that I was not eligible for receiving my security deposit in the amount of 685.00$ due to breach of lease for BBQ outside of the residence when the lease didnt say that I couldn't and also that was not the reason why we dissolved the lease. So he sent me a copy of the letter that he wrote advising me a section of lease that advises we can keep you security for breach of lease and named a paragraph from lease itself. Now the question that I have is that we are going to court for this, because if we mutaully dissolved the lease it would not leave me in breach of anything and according to a section in my lease it states that depsit will be refunded when all monies are due, written notice was given and if partries mutaully dissolve lease as well as a letter from the property manager stating I will receive deposit based on how I left the apartment? So what are my rights as a tenant? Security could be held for damages caused by breach of lease not because he thinks the lease was breached. THere are no damages caused and I am looking for my refund.

If the lease is dissolved there is no lease to breach. It sounds like it was dissolved on other ground and then the grill question arose - ? Correct?

Is this a charge for USING the gill or a charge for LEAVING the grill for someone to dispose of?

If there were no damages I think you get your security deposit back. If the grill is/was an issue that should have been addressed before the lease was dissolved/mutually cancelled.

It can't be both ways - dissolved and enforced.

klementine · Jul 24, 2008, 10:29 AM

The lease was dissolved mutually because there were unresolved issues with roaches and the fact that I was calling code enforcement. The lease did not state that I cannot BBQ so the 1st time I did, she called me a few days later and advised me that "It is something that we prefer you not to do". According to my lease verbal contracts are not binding so I BBQ again roughly a month later and she had sent me a letter stating that my lease to some affect stated how I cannot do that, so I NEVER did it again. The 3rd contact I had with her we decided that mutually it was not working for the both of us and that we should dissolve the lease and that I would not be held accountable for any misc. charges etc after I left. Also our "dissolving" letters stated from management said that I would receive security based on how I left the apt. When I spoke to the out of state landlord, he advised me that the property manager doesn't have a final say in what goes on. Well I have been dealing with the property manager for the duration of timw since I lived there, why now? Does she have no say? I spoke to a lawyer and he stated legally secuirty deposit is to be held in event that damage was caused by the breach of lease? I am inquiring on what damage I caused? There was no damages, he is just keeping my 685$ because he feel is hearing 1/2 untrue stories relayed from people in building to the property manager stating that I put there families at jeopardy from the "offensive fumes" from me BBQ. Another thing was the only thing stated in the lease was that people are not allowed to congregate and loiter in front of building. Well we were not in front on the stairs and we were in the yard next to the building by the sidewalk. And the definition of loiter is to "To stand idly about; linger aimlessly". We wre not loitering!

rockinmommy · Jul 25, 2008, 02:46 PM

So have you sued them, or have they sued you, or are you or they just threatening to sue?

If it goes to court the lease cancellation documents you have from management should be enough to cover you for "breaking the lease". The owner shouldn't be able to come in after the fact and claim that those documents "don't count". His property manager was acting as his agent, and if she did stuff he didn't like then his issue is with her... not with you.

At this point it sounds like the only way you'll have a chance of seeing your security deposit is if you take them to small claims court. Do you have any proof of the condition you left the unit in? That's what it should boil down to in court.

As far as this business about the BBQ... I don't even understand what that has to do with anything. If the owner tries to bring that up in court, and you have documents showing that you lease was dissolved and it didn't have anything to do with a BBQ I'd think the judge would shut him down pretty quickly. They usually don't have a lot of time for frivelous bickering back and forth about petty stuff.

klementine · Jul 26, 2008, 11:34 AM

I have not sued him yet, I have spoke to the United Tenants Assoc. and a lwayer and they advised that he is probably under the assuption that we are not going to go to court so I was thinking after I can obtain my last few documents I will go to the court house and fill out a petition. After that it will be in the courts best inerest to decide if he has any legal standing. I just wanted to consut with others re; if I have a legal ground to stand on. As far as everyone has said I do, so therefore 685$ is a lot to loose on a claim of "breaching a lease". I have taken pics of the apt upon moving out and the condition was perfect and according to the letter from his agent, "I would receive deposit back base don condition the apt was left in". I have pics and other documents that I hope will successfully win back my owed money.. THANK YOU FOR YOUR ADVICE :)