Mutually Agreed to Move Out July, Landlord Won't Return Aug Rent Deposit

[mullitia]

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


My question involves landlord-tenant law in the State of: CT

Hi everybody, new to the forum, I would appreciate any help concerning my landlord withholding my last month's rent deposit.

I originally signed a apt lease 5 years ago that covered Sept 1 to Aug 31 and put down last month's rent + 1 month security deposit. After that lease expired, we had verbally agreed that I would stay but the terms were never discussed, particularly in regard to rental period. I've lived there for 4 years under such agreements, always casually agreeing to stay for the academic year.

This March, my landlord writes me stating that my lease will end on July 31 and asked if I wish to stay again. I decide to move out and gave my 30 day notice on June 30 which they accepted. They even schedule a date after my move out to do some necessary repairs.

I move out, return the keys on July 31 and email them asking when I can expect my security deposit and Aug rent to be return returned (I had forgotten that my original deposit included last month's rent so I paid full rent for July when I shouldn't have, most landlords charge 2 month's rent as security around here).

On Aug 1, the landlord informs me that my lease actually ends on Aug 31 so they will not return Aug rent. I state that they had written July 31 was my lease end date to which we had mutually agreed and accepted on. But they claim that "if an error was made in the letter, the original lease still stands".

But we did not negotiate a renewed physical lease. My agreement to stay was made orally and under vague terms. There was no mutual agreement that I was renewing for Sept to Aug, just that I would be holding over. I actually even believed it converted to a month-by-month tenancy as that's what most standard leases dictate (however we did not explicitly discuss this, I just assumed that if we did not agree on a year-to-year lease that it would be month-to-month automatically). However, the landlord claims that they never rent month-to-month and that our agreement was for Sept-Aug.

I would like my Aug rent to be returned since we both mutually agreed on July 31 and I moved out by then.

Do I have a strong enough case to take my landlord to a small claims court for 1 month's rent?

Thanks in advance!

 

[Gail in Georgia]

Do you still have the written documentation that the landlord sent you stating your lease ends July 31? If so, that would make excellent evidence in a court that this is the termination date your landlord agreed upon.

While the argument "an error was made" or "I didn't realize this" is one that some tenants make (note the argument from the previous poster that they weren't aware of the correct date when rent was late despite this information being listed in the lease) the "oops" excuse that it sounds like the landlord claims would rarely holds up as justification in a court of law.

Gail

 

[mullitia]

Thanks for the help Gail!

I should have the letter. But just to be safe, in a worst case scenario, let's say I don't and I still want to take them to small claims.

Based on that, I guess it will turn into a "my word versus their word" argument. They will argue that we had oral agreement to renew the annual contract so I'm still bound until August. I will argue that we had mutually agreed to a July 31 move out as that original letter dictated that day as my lease end date.

If I go to small claims and describe the letter how strongly would it support my argument? I can show the magistrate their email response to me ("if an error was made in the letter, the lease still stands"), that should be some support for me right? They don't flat out deny the existence of such a letter.

Under our vague agreement to hold over, is my month-to-month tenancy claim viable? There's no clause in the original lease from 5 years ago that a hold over automatically renews the annual contract.

Thanks again

 

[Gail in Georgia]

You enter a court case with clear evidence to support your case. "Describing" a letter that you don't have an actual physical copy of is going to mean nothing to a judge and, quite frankly, is likely to piss them off that you are wasting their time.

People lie in court all the time (so much for the oath in terms of being honest). Judges know this and rarely want to listen to a case that has no actual evidence to back up claims from either side. They're handling a good number of cases on a docket and will become easily frustrated if someone wants to present one without solid evidence to back up their claims.

Gail

 

[mullitia]

What if neither parties have any written evidence to support their claims? The small claims court won't accept the case?

What about the disagreement between annual vs month-to-month tenancy? How strongly can I argue that our agreement was vague so by CT rental laws, the old lease should have turned into a month-by-month lease?

 

[Gail in Georgia]

Sure they'll accept the case. The person filing the lawsuit simply does so by going to the Clerk of Courts office, filling out the appropriate paperwork and paying the required fees for that district.

The Clerk of Court is only going to handle the paperwork and see that it is accurately filled out and the correct fees are paid. They are not going to tell someone that they have no case.

Many of these types of cases are a "he said, she said" type of issue. This tires out judges/magistrates considerably.

What did your original lease state (if anything) on whether it rolls over to a year lease or a month to month tenancy once it terminated after the first year?

Gail

 

[John_DFW]

Small claims is preponderance of the evidence, not evidence beyond a reasonable doubt.

The lack of evidence by the landlord also helps your case.

It sounds like:
There is no written lease for the end date in question.
There is no written rollover clause in the original lease.

The landlord has no idea if you have the letter or not. I suggest you find it, but the fact that the landlord sent it may indicate the ability to settle out of court.

Many people state they will sue, then never do. Many cases are settled out of court prior to court date.