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Rental Deposit Not returned

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M

mlinderman

Guest
My Fiancée shared a house with three other roommates for the monthly rental fee of 650. She actually sublet from the two roommates that were on the lease, and paid an initial "cleaning deposit" of $775. In April I moved into my fiancée’s space and after moving in was asked to pay a total of $250 a month (100 to one roommate because the bathroom was shared, and 75 to each other because they had their own). At no time did they ever request, verbally or written, any notice upon me moving out. When my Fiancée and I got married she gave 30 days notice which required her to pay an additional 1/2 months rent. Which she paid in full. Finally, after several other disputed payments, the one tenant who actually deposited her "cleaning deposit" into his personal bank account return a check less $250 claiming that I owed them for leaving mid month and that I too was obligated to pay for the additional 15 days plus the 15 days I lived in the house prior to paying my first months rent (they are just now claiming that, it was never asked for before). This seems like an open and shut case for Small claims, am I correct? They are also threatening that if we take the to court they will pursue additional charges relating to Utilities incurred after we moved out. Since utilities are a variable cost and are cancelable immediately, can we be held accountable for charges after we vacated the residence? Thanks for any advice.
 


HomeGuru

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by mlinderman:
My Fiancée shared a house with three other roommates for the monthly rental fee of 650. She actually sublet from the two roommates that were on the lease, and paid an initial "cleaning deposit" of $775. In April I moved into my fiancée’s space and after moving in was asked to pay a total of $250 a month (100 to one roommate because the bathroom was shared, and 75 to each other because they had their own). At no time did they ever request, verbally or written, any notice upon me moving out. When my Fiancée and I got married she gave 30 days notice which required her to pay an additional 1/2 months rent. Which she paid in full. Finally, after several other disputed payments, the one tenant who actually deposited her "cleaning deposit" into his personal bank account return a check less $250 claiming that I owed them for leaving mid month and that I too was obligated to pay for the additional 15 days plus the 15 days I lived in the house prior to paying my first months rent (they are just now claiming that, it was never asked for before). This seems like an open and shut case for Small claims, am I correct? They are also threatening that if we take the to court they will pursue additional charges relating to Utilities incurred after we moved out. Since utilities are a variable cost and are cancelable immediately, can we be held accountable for charges after we vacated the residence? Thanks for any advice.<HR></BLOCKQUOTE>

This is a small claims action. They can not charge you for use of utilities after you vacated, since you were not there to use same.
 
T

Tracey

Guest
What's your state? I can only give general advice unless you tell me what laws to look up!

1. Unless you had a written lease requiring you to pay 15 days rent after giving 30 days notice & vacating, you owe nothing. I assume wife's notice was for both of you.

2. You were a month-to-month subtenant. If your state requires notice 30 days before the next rental period begins, and you paid rent on the 1st every month, you owe rent through the end of the month. If you paid rent on the 15th, you owe rent through the 15th of the month.
If your state just requires 30 days notice (California), you owe no rent after the notice time ran out unless you held over.

3. Regarding the first 15 days you lived there: the issue is whether you were just a guest for the first 2 weeks, then became a tenant, or were a tenant from the beginning. I lean towards the guest argument, since the others never asked for any rent for that period. If they really thought you should be paying from the day you moved in, they would have asked then.

4. Your wife's security deposit was her separate property & is not subject to your debts. Even if you owe the full $250 they're demanding, they CANNOT take that money out of *her* deposit unless she gave them permission to do so. In writing. Wife can sue her "landlord" (the guy she gave the money to) for 2-3 times the amount wrongfully withheld + attorney fees. 'Wrongfully withheld' usually means not refunded within 14-45 days (varies by state) or that L made improper deductions. In her case, both my apply.

5. Unless the lease said she'd pay for the extra 15 days rent AND the utilities for that time, she owes no utilities. In fact, a contract that requires her to pay the extra rent but says nothing about the utilites is presumed to mean that utilites are not due.

6. The guy who deposited her security deposit in his personal checking account broke the law & may not be able to withhold ANY of the deposit under any circumstances.


Wife should sue the guy who took her money. She should do so separately, without your name in the court caption. That way, no one can counterclaim that *your* allegedly due rent should reduce any judgment she receives. (If they try, she should move to dismiss the counterclaim as improper.) They will have to sue you separately. These are 2 separate cases. Don't combine them -- it gets too confusing & encourages the judge to award wife just the $250, instead of the full triple damages in an effort to be 'fair'.

Even if you lose & end up having to pay $250, wife should recover at least $500, so you folks come out ahead. Get copies of your state's residential landlord tenant act & security deopsit act & take them with you to court. Hand the xeroxes up to the judge during your argument, with the pertinant parts highlighted. The judge will have a harder time ignoring the law if you hand it to her!

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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.
 
M

mlinderman

Guest
State is CA. To this point we have demanded in writing as one party, my wife and I that is and lumped all the charges/debts together. Does that hinder her argument toward the "extra" $500. It was a signed document. I have a copy that I could email you. The other tenant (that she paid) countered in writing minus the $250. Should we really break this out and go for broke so to say. Or are we better off going to small claims and just trying to recover the $250 in extra rent that they are charging me?
 

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