Landlord collected rent from two tenants and won't return deposit

[twcowman]

What is the name of your state (only U.S. law)? IA

Hi,

My husband and I signed a 16 month lease in April of 2007, good until July 31, 2008, for $775 a month and a $775 security deposit. In February 2008, we contacted our landlord and let him know that we were in the process of looking for a home to purchase and would possibly be vacating the premises prior to the end of our lease. We had a verbal agreement with the landlord that he would attempt to find new tenants for the remainder of our lease once we moved out, so that we would not have to pay rent and mortgage. Between February and May, we were in frequent conversation about the status of our house search, and we showed our apartment to approximately 10 different possible tenant between April and May.
On May 19, 2008 we relinquised possession of the apartment, returning keys and leaving the apartment in a better state than we acquired it. We wanted to do a walk-through with the landlord but he said he would not do so until he had found a new tenant, or after July 31 (the end of our lease), whichever came first.
We did not send June's rent because we were in a financial bind and assumed our landlord would use our security deposit for June's rent. Approx. June 20, 2008 our landlord contacted us demanding June's rent, so we sent him a check. On July 14, 2008, we received a contract in the mail asking for our signatures to terminate the lease. We signed knowing that the landlord would have every right to keep our security deposit for July's rent, assuming he did not find a new tenant.
My husband and I had a funny feeling about how the landlord was dealing with our situation so yesterday (July 23, 2008), my husband drove by our old apartment and saw that a light was on. He decided to knock on the door, and to his surprise, a man answered the door and said he had been living in the apartment for about 2 months (so he moved in sometime in June)!!! Clearly our landlord has tried to pull one over us (we're a young married couple) and collected rent from two tenants. It is our hope that we are entitled to the $775 we sent for June's rent (or a prorated amount depending on when the new tenant moved in) as well as our security deposit of $775. What are our options? Please Help!!!

 

[acmb05]

What is the name of your state (only U.S. law)? IA

Hi,

My husband and I signed a 16 month lease in April of 2007, good until July 31, 2008, for $775 a month and a $775 security deposit. In February 2008, we contacted our landlord and let him know that we were in the process of looking for a home to purchase and would possibly be vacating the premises prior to the end of our lease. We had a verbal agreement with the landlord that he would attempt to find new tenants for the remainder of our lease once we moved out, so that we would not have to pay rent and mortgage. Between February and May, we were in frequent conversation about the status of our house search, and we showed our apartment to approximately 10 different possible tenant between April and May.
On May 19, 2008 we relinquised possession of the apartment, returning keys and leaving the apartment in a better state than we acquired it. We wanted to do a walk-through with the landlord but he said he would not do so until he had found a new tenant, or after July 31 (the end of our lease), whichever came first.
We did not send June's rent because we were in a financial bind and assumed our landlord would use our security deposit for June's rent. Approx. June 20, 2008 our landlord contacted us demanding June's rent, so we sent him a check. On July 14, 2008, we received a contract in the mail asking for our signatures to terminate the lease. We signed knowing that the landlord would have every right to keep our security deposit for July's rent, assuming he did not find a new tenant.
My husband and I had a funny feeling about how the landlord was dealing with our situation so yesterday (July 23, 2008), my husband drove by our old apartment and saw that a light was on. He decided to knock on the door, and to his surprise, a man answered the door and said he had been living in the apartment for about 2 months (so he moved in sometime in June)!!! Clearly our landlord has tried to pull one over us (we're a young married couple) and collected rent from two tenants. It is our hope that we are entitled to the $775 we sent for June's rent (or a prorated amount depending on when the new tenant moved in) as well as our security deposit of $775.

Okey Dokey

What are our options? Please Help!!!

Read your states LL/T laws and if you are due a refund write the landlord and request your money back. If he fails to return it then sue him in small claims court.

 

[Zigner]

I think we need to know the contents of the NEW contract before we answer...

 

[johnd]

I think we need to know the contents of the NEW contract before we answer...

Thank you Zigner. Haste makes waste.

 

[twcowman]

So frustrated!!

I probably mis-spoke. The document we signed terminating the lease wasn't a contract, so to speak, with conditions, etc. It just said agreement of both parties to terminate the lease.

I looked at Iowa's LL/Tenant laws and the only applicable codes were:

562A.29 Remedies for absence, nonuse and abandonment.
1. If the rental agreement requires the tenant to give notice to the landlord of an anticipated extended absence as provided in section 562A.20, and the tenant willfully fails to do so, the landlord may recover actual damages from the tenant.

2. During an absence of the tenant in excess of fourteen days, the landlord may enter the dwelling unit at times reasonably necessary.

3. If the tenant abandons the dwelling unit, the landlord shall make reasonable efforts to rent it at a fair rental. If the landlord rents the dwelling unit for a term beginning prior to the expiration of the rental agreement, it is deemed to be terminated as of the date the new tenancy begins. The rental agreement is deemed to be terminated by the landlord as of the date the landlord has notice of the abandonment, if the landlord fails to use reasonable efforts to rent the dwelling unit at a fair rental or if the landlord accepts the abandonment as a surrender. If the tenancy is from month-to-month, or week-to-week, the term of the rental agreement for this purpose shall be deemed to be a month or a week, as the case may be.

As well as,

562A.12 Rental deposits.
1. A landlord shall not demand or receive as a security deposit an amount or value in excess of two months' rent.

2. All rental deposits shall be held by the landlord for the tenant, who is a party to the agreement, in a bank or savings and loan association or credit union which is insured by an agency of the federal government. Rental deposits shall not be commingled with the personal funds of the landlord. Notwithstanding the provisions of chapter 543B, all rental deposits may be held in a trust account, which may be a common trust account and which may be an interest bearing account. Any interest earned on a rental deposit during the first five years of a tenancy shall be the property of the landlord.

3. A landlord shall, within thirty days from the date of termination of the tenancy and receipt of the tenant's mailing address or delivery instructions, return the rental deposit to the tenant or furnish to the tenant a written statement showing the specific reason for withholding of the rental deposit or any portion thereof. If the rental deposit or any portion of the rental deposit is withheld for the restoration of the dwelling unit, the statement shall specify the nature of the damages. The landlord may withhold from the rental deposit only such amounts as are reasonably necessary for the following reasons:

a. To remedy a tenant's default in the payment of rent or of other funds due to the landlord pursuant to the rental agreement.

b. To restore the dwelling unit to its condition at the commencement of the tenancy, ordinary wear and tear excepted.

c. To recover expenses incurred in acquiring possession of the premises from a tenant who does not act in good faith in failing to surrender and vacate the premises upon noncompliance with the rental agreement and notification of such noncompliance pursuant to this chapter.

In an action concerning the rental deposit, the burden of proving, by a preponderance of the evidence, the reason for withholding all or any portion of the rental deposit shall be on the landlord.


I mean come on, our landlord collected rent for June, 2008 from us, as well as the new tenant (without telling us he had found a new tenant), and is also withholding our security deposit for July's rent, when there's someone else living there!!!! Is the "termination of the lease" forfeit our right to the money we are due?

 

[FarmerJ]

When you get to court try to have several things with you , One ask your communitys electric utility if they can give you a non identifying letter that would say if someone other than you or the landlord has the electric in there name and IF they can list it the new persons move in date. THEN are any of your former neighbors willing to come to court with you if they too knew that the other person was living in the unit. In your complaint you want to ask the court to determine what a fair amount would be for a re rental fee since the LL brought some one else in right away and you want your deposit back since you have not had a detailed disposition explaining the details about the deposit being held. IT is worth the chance on filing in small claims court.