Landlord wants a 2nd security deposit

[littlespy]

What is the name of your state? West Virginia

I go to school in morgantown, wv and I rent a house with a few roommates. A week ago my landlord found an empty keg shell in my back yard. We did have a party but he did not take any pictures and I believe if this went to court it would be his word against mine. In the horrible lease I signed (stupid me) it reads this.

21. NO KEG or LARGE PARTIES: If a keg (full, partially full or empty) is found in/on Lessor property – it is agreed that a keg party took place in/on Lessor owned property as stated in the lease. If over ten total people are in your unit, it is agreed a large party took place. #52 of this lease applies to this section and will be enforced.

and also this

52. Lessee/s agree/s to immediately forfeit their full rental unit FOF for not abiding by the lease. Lessee agrees to pay another full FOF before the next lease payment date. If the full FOF is not paid before the next lease payment date, any monies collected from Lessee will be applied to the new FOF until the new FOF is fully paid. Lessee will then have to make up any difference in underpaid lease payments until all lease payments are paid in full and current.

While I did agree to these terms by signing the lease a few people suggested that it might be against the law for him to charge me a 2nd security deposit regardless of what the conditions of the lease are. I have tried looking at west virginia's tennants' rights laws but I'm not very good at deciphering what a lot of the laws are trying to say. The landlord also told me that he would take me to court for the 2nd deposit if it was not paid by the end of december.

I'm not really worried about being evicted that would actually be a blessing. I just do not want to lose $750 worth of security deposit money.

Does anyone have any advice on what I should do?

 

[Hot Topic]

No, eviction would not be a "blessing." Were you to be evicted, you'd have a hard time getting housing of any kind.

 

[littlespy]

ok that's great hot topic but i think thats the most irrelevant part of what i wrote

 

[Ohiogal]

ok that's great hot topic but i think thats the most irrelevant part of what i wrote

Actually it is not. You signed this lease. You agreed to its terms. You broke the terms. Your word against his? So you are thinking of perjury should this go to court? Lovely. Add a crime (in some places a FELONY) to your list. That will make the judge happy. You forfeited your deposit. You are required to pay another one. If you don't, you can be evicted and you will still owe and you will NOT be able to get another place to live. Eviction is EXTREMELY relevant. And if this goes to court for eviction, you would still lose because he could evict you for having a keg party especially if you are underage.

 

[littlespy]

so if there was a clause in the lease that stated

if you have a keg party in your unit the lessor reserves the right to remove your right arm this would be perfectly fine since I signed the lease?

I don't think a lease can supercede law, and I think that charging another security deposit might be against the law.

 

[treese]

so if there was a clause in the lease that stated

if you have a keg party in your unit the lessor reserves the right to remove your right arm this would be perfectly fine since I signed the lease?

No ... it is illegal for lease to contain clause requiring the removal of body parts.

I don't think a lease can supercede law, and I think that charging another security deposit might be against the law.

You have the right to think whatever you please. What the LL is demanding may be against the law, so don't pay the amount demanded and let the matter go before a judge.

Don't get caught in a lie regarding the keg and party ... you'll lose all credibility with the judge.

 

[IrishNodak]

I don't think a lease can supercede law, and I think that charging another security deposit might be against the law.

It might be...but not in West Virginia. In WV the laws don't say a whole lot about the security deposit.

However, it DOES say this:


§37-6-8.

If the landlord shall have elected to continue to hold the tenant liable upon his lease, as provided in the preceding section, the tenant shall be entitled, upon the payment of all arrears of rent, and the satisfaction of any liabilities which shall have accrued upon the covenants or agreements contained in his lease, and any other liabilities with which he is chargeable by virtue of his lease, to the possession of the premises....

That sounds to me like he can put whatever he wants in the lease. YOU signed it. Many people wouldn't have.

That said...IMO it's odd that he mentions finding a keg in or on the property. I am guessing you live close to the college and he usually rents to college kids. I think he's found a way to make money off this. I'd be interested in what a judge might say and how often he's kept deposits and gotten extra.

The WV laws are definately NOT tenant friendly. I used to think Colorado was bad but we've actually got some things in our favor. Doesn't look like you do.