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Landlord Woes - III

  • Thread starter Fed Up with Renting
  • Start date

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F

Fed Up with Renting

Guest
Sorry to ask for more help, but this saga continues....
I sent the final rent check with the move-out date and forwarding address to L by certified/return receipt (06/29). They have not picked it up and it will soon be sent back to me. My husband has called 2x in regard to the letter and to set a move out date with L. No response to messages. We have a feeling that L is going to try to keep the entire security deposit for the last month's rent ($300 more than we owe). Questions:
1) If we could not use the security deposit to cover the last month's (partial month's) rent, can they?
2) If they do not show up / set a move out date with us, what do we do? (We have a video camera, camera with date stamp and 4 witnesses ready to go).
Thanks again !!!!!


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Tracey
Member posted July 14, 2000 12:55 AM
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You've positioned yourself beautifully for the lawsuit. Excellent job! If L doesn't bother to pick up a certified letter containing the last month's rent, that's L's problem. L cannot use your security deposit to cover rent L refuses to collect otherwise. When the letter comes back, save it unopened. Also, make a log of the calls you've made. If possible, call L, say "I'm taping this call" & tell L that the last month's rent check is in that envelope & you suggest L pick it up. Also, tell L that, since you have paid all rent in full, you expect a full & complete refund of your security deposit. If L withholds any of the deposit to cover rent, you will sue L for willfully & wrongfully withholding money fromt eh deposit & will recover twice the deposit + costs. (If you'll list your state, I can give you the exact code section for you to cite.)
Use the video camera date stamp feature. Tape the entire apartment, do closeups of areas, the condition of the furnishings, stove, carpets, etc. Use a pointer but don't talk during the taping. Have your friends present so they can testify whether there were any bad smells, stains, etc. Save the tape for at least 2 years.


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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

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Fed Up with Renting
unregistered posted July 14, 2000 02:23 PM
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Thanks again, Tracey! I will do what you suggested. If L doesn't respond to any of the phone calls regarding the move out walkthrough, we intended to film everything with the witnesses. But, what do we do with the keys?
And, since L won't call back/or pick up the mail, we can't give them a forwarding address. TX code says that if we don't supply an address L doesn't have the 30 day requirement to return the security deposit. Should we leave the forwarding address on L's answering machine too?

 


F

Fed Up with Renting

Guest
We called L and left message (as you suggested) that C/R letter was waiting for them and that they need to pick it up. Also, asked them to call us back to verify walk-thru. (in 3 days) Sounded like they were trying to disconnect the answering machine (but we got the message on it and taped it). Should we call back again leaving the exact day/time of walkthrough? Again, if they're a now show, what about the keys? Can we leave them in the house and take a photo of them there with our witnesses?
(How do such people become landlords?....)
 
T

Tracey

Guest
They become landlords by buying a house & thinking that renting it will entail no work & no responsibilities. (What a pipe dream!)

I don't recommend you leave the keys in the apartment. It's not a hotel room after all! L may not have duplicate keys (or may claim not to have them). Also, you can't deadbolt it without keys. Call again (& record) and tell L you'll mail the keys by certified mail if L doesn't show up for the walk-through, unless L tells you to leave the keys in the apt. If you think they'll try the answering machine trick again, videotape *yourself* dialing & talking to their machine (speakerphone rules!). Have witnesses too the call too.

I assume you've mailed L your forwarding address by now. Also leave it taped to a conspicuous place in the apt & videotape its location, and leave your address on L's machine (tape that too).

Everything's going according to plan. Just keep plugging away!

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

[This message has been edited by Tracey (edited July 17, 2000).]
 

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