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ratandrea · Dec 12, 2006, 09:05 PM

I live in Oklahoma. I signed a 12-month lease but asked the landlord if I could break it upon finding her another tenant. She said that would be fine. I bought a house is the reason I broke it. She also told me there would be no penalty for breaking the lease even though it states in my lease that she could penalize me. I didn't get her "word" in writing, but she verbally stated to me and also to my roommate. I told her also, as a goodwill gesture, that I would find tenants to fill her other vacancies which I did. She paid me a $50 referral fee for the one I got her.

Now she has changed her mine and doesn't wish to give me my deposit back.

Do I have a leg to stand on in court? I KNOW I should have gotten it in writing, but her exact words when I asked for that were, "I don't make my living off keeping deposits. I'll refund your deposit." She also emailed me that she would refund it but then sent me another one saying she changed her mind.

Is she bound by her verbal agreement to let me out of the lease without penalty and to return my deposit?

excon · Dec 13, 2006, 05:55 AM

Originally Posted by ratandrea

Is she bound by her verbal agreement to let me out of the lease without penalty and to return my deposit?

Hello ratan:

Verbal agreements are binding in ALL aspects of the law EXCEPT real estate. Bummer!

excon

ScottGem · Dec 13, 2006, 07:10 AM

First, a security deposit can only be withheld to pay for damages to the premises or back rent. If there was no interruption in rental (the tenant you found moved in right after you left) then there should be no issue of back rent.

I would double check OK law (see the stickies at the top of the forum) but most places require the landlord to give an accounting of how the deposit was used. If it was used as a penalty for early termination and you have a witness to her verbal agreement, then you may win a case in small claims court.

ratandrea · Dec 17, 2006, 12:46 AM

Originally Posted by ScottGem

First, a security deposit can only be withheld to pay for damages to the premises or back rent. if there was no interruption in rental (the tenant you found moved in right after you left) then there should be no issue of back rent.

I would double check OK law (see the stickies at the top of the forum) but most places require the landlord to give an accounting of how the deposit was used. If it was used as a penalty for early termination and you have a witness to her verbal agreement, then you may win a case in small claims court.

Thank you. No, there was not ever an interruption in rent. It DOES say in the lease agreement that the deposit will be forfeited upon early termination. HOWEVER, like I said, she DID give a VERBAL agreement that she would return the deposit. In addition, I finally got her to admit it in email after I told her that I thought she was being ridiculous about, so I guess now she has given a WRITTEN agreement as well even though she is taking it back now.

I was thinking small claims as well; although, I hope it doesn't go that far. What a pain.

Thanks again.

ratandrea · Dec 17, 2006, 12:49 AM

Originally Posted by excon

Hello ratan:

Verbal agreements are binding in ALL aspects of the law EXCEPT real estate. Bummer!

excon

Well, it's not like I'm buying or selling any land. This really relates to a slumlord going back on her word. Not only did she verbally agree to giving the deposit back, but she also admitted that she WAS going to give it back, but now she isn't in an email which constitutes a written agreement, right? I mean she admitted that she said one thing but changed her mine and is now not going to do it.

ScottGem · Dec 17, 2006, 07:09 AM

E-mails can be faked. But if you have an e-mail were she admits the agreement you have a case in court if you want to pursue it.

ratandrea · Dec 17, 2006, 10:26 PM

Originally Posted by ratandrea

Well, it's not like I'm buying or selling any land. This really relates to a slumlord going back on her word. Not only did she verbally agree to giving the deposit back, but she also admitted that she WAS going to give it back, but now she isn't in an email which constitutes a written agreement, right? I mean she admitted that she said one thing but changed her mine and is now not going to do it.

I'm sorry, excon, if you thought I was mad. I know you're on my side, and thank you for that. I did read that the verbal agreements are a no-no in the exchange of land; however, since mine is a deposit (not even rent) then I'd hope that that law wouldn't apply.

ratandrea · Dec 17, 2006, 10:37 PM

Yeah, her email said something like, "My intention was to give you your deposit back minus damages (there are none), but now since you've sent me this friendly email (where I said she was full of crap) I've decided not to."

Also, this landlord is trying to stick us with little damages that have occurred because there is a new tenant in there now, and he's been there for nearly 3 weeks! Can she do that? She said that if he accepts the apartment (like he already hasn't? ) then she would refund our deposit (this was before she said that now she's not). I mean I know she has, by law, 30 days to refund our deposit, but I don't see how she can say that any damages now are from us. There are things that the new tenant is complaining about like a non-working porchlight (which never worked when we were there--we just didn't complain about it) and a short-circuit in the fridge lightbulb that causes it to flicker (it was fine when we lived there). Oh, and I guess the carpet is coming up in places. Well, I'm sure it is because it's cheap berber carpet that we personally cleaned, and it was fine. The new tenant has 2 medium-sized dogs that could be tearing it up.
It is my understanding that when the new tenant signed a lease that he accepted the apartment. I didn't know the landlord was able to deduct things from our deposit that he is now responsible for. I'm sure she didn't deduct the missing smoke alarm from the previous tenant's deposit when we moved in. I don't know, maybe she did. That's still different, though, because it was noted on the walk through sheet. NOTHING was noted when this new tenant moved in, and she was there when he moved in. So was my roommate. There was no mention of ANY damages. Now, weeks later there are all of a sudden damages.

ScottGem · Dec 18, 2006, 06:36 AM

Did you do a walkthru and get a signed statement that there were no damages? The new tenant could have presented her with a laundry list of minor things to fix and she is putting that on you.