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karennewbern · Feb 26, 2007, 03:32 PM

We had a 1 year lease for a town house. We told the landlord that we were purchasing or building a home within the year and possibly would be finished before our lease was up. He said "not a prolblem - just give me a written notice and let me know when you are close to being finished with your house." We had 4 months left on the lease and we gave him a 30 day written notice which would leave three months left at vacating the town house. He sent us a bill for the three remaining months plus 'damages' that he would not disclose. The house was spotless when we left. It was actually cleaner than when we moved in. He also would do nothing to fix a dishwasher that had been running bad the entire time we were there and completely dead the last two months we were there. The roof leaked during an ice storm and his way of repairing the damage was sending someone in (while we were gone) to spray bleach on the stains. What are my rights? How should this be handled?
Karen

LisaB4657 · Feb 26, 2007, 03:44 PM

First: In most states the landlord is required by law to mitigate his damages. This means that he has to actively try to re-rent the premises. So if he tries to sue you for the 3 months of rent he will have to show that he tried to re-rent. If he can show that he tried but couldn't get a tenant then he will win a judgment for the rent.

Second: When a landlord withholds the security deposit due to damage he must provide you with a written, detailed accounting of the deposit. In some states he is also required to provide you with receipts for repair of the damage.

Third: Did you take pictures before you moved out? What about when you moved in? Did you ever notify the landlord in writing of the problems with the dishwasher? If you can show a court that the landlord knew of the problem and did nothing about it then the landlord probably can't use your deposit to repair it.

Now the big question... what do you want to do about it? If you sue the landlord for the return of your deposit then the landlord may counterclaim for the 3 months rent and you stand a pretty good chance of losing. If you don't do anything, and if the landlord sues you for the 3 months rent, then you can counterclaim for the return of your deposit and hope for the best.

If I were in your position I wouldn't file a lawsuit for the deposit. But if the landlord sued I would file a counterclaim for the deposit and hope he can't prove that he tried to re-rent the townhouse.