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landlord refuses deposit

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cdowney

Junior Member
Kentucky


My name is Casey Downey and I am filing a complaint on Fawn Quick, my former landlord.

I moved into a house, address 220 Old Morgantown Road, in May of 2007. Fawn Quick was my landlord. Since I moved out in January of 2008, I have yet to receive my deposit of $400 back. I have not received a reasonable explanation of why I am not entitled to receive the money back.

The reasoning given was that I did not give a 30 day notice upon moving out. I did not give a notice because of the neglectful conditions (not having running water for 6 days) that I endured, and explained to Fawn I no longer felt safe living there. Though she seemed understanding and compliant when this was discussed, she has recently explained that I will not get the deposit back.

I am listing out the events which took place, beginning on January 25th, the first day gone without running water. I’ve documented these events to the best of my knowledge. A key character in this document is my roommate Leslie Christian. She moved in August of 2007, and was home more than I for the events which took place.

Another character is “Dennis”, a friend of Fawns who acted as our “maintenance man”.

This is all written to the best of my knowledge.

Day 1 (of not having running water)
1/25/08

Leslie noticed water running down the yard on the right side of the house, and assumed there was some sort of major leakage. She called Fawn and explained the situation. It was apparent that a leaky pipe had frozen and burst. Fawn then told her to call BGMU and get the water turned off, and that she would be by the next day. BGMU told Leslie she could turn it off from the inside of the house. Leslie turned something off on the water heater thinking she had handled it properly.

Day 2
1/26/08

I receive a call from Fawn while I’m at work, at approximately 2 PM. She tells me that because the water was not turned off properly, there was a “frozen, muddy mess…”and pawned the blame off on Leslie. They turned off the main outside valve. Fawn said to me “It may be too muddy for us to do anything tonight, if not we’ll get it tomorrow.” She told Leslie that they would “shoot for tomorrow.”

Yet another day where we’ve had to scramble for a place to shower for work, and drive to odd places to use the restroom.

Her only help was to offer her house for us to stay in, which seemed a bit obscure to us. She said “We might can negotiate some of this month’s rent.” It seemed ridiculous that there would only be a possibility of that.




Day 3
1/27/08

“Dennis” won’t return Leslie’s phone calls, and Fawn did not get in touch with Leslie nor myself.

Day 4
1/28/08

Fawn gets in touch with Leslie, saying “It’s just too cold for us to do anything about it.” This is in January, when there was plenty of cold weather to come, and the water has been out for more than an illegal number of days. My friends urged me to contact the health department and report her, but I felt like that might ruin her and surely she would try to make things right with us (so I thought).

Leslie explains to Fawn that she has the contact information for an affordable licensed plumber, and requested that we get him to take care of things and send the bill to her. Fawn dismissed this idea all together, opting that her friend “Dennis” was perfectly capable of handling the situation.

Day 5
1/29/08

Leslie and I call Fawn several times each, all calls go unreturned. At this point the house has a peculiar smell, and the dirty dishes are beginning to attract bugs.

Day 6
1/30/08

Fawn calls me around and explains that they will get it taken care of today. I explain to her that though I am excited about having running water again, it was all very illegal and I no longer felt safe living there. She said she wished it weren’t so, and we could work things out. I told here we already seeking a new residence.

She explained that we could try and maybe work something out with discounted rent for the week gone, to which I replied that I’d rather not worry about that and my only concern is receiving my deposit back whenever I did find a place. She did not say anything about there being even a chance I would not be reimbursed.

My roommate and I had already been looking at places the past couple days, and had one in particular in mind.






1/31/08

Leslie calls me at work and says that she went ahead and put the deposit and first month’s rent down on the apartment we’d been looking at. I call Fawn this same day and explain that we will be out by this coming Saturday or Sunday (2/2 or 2/3).

Fawn tells me to make sure I mail here a paper telling when I would be shutting off the water and gas out of my name, and to make sure I list my new forwarding address for her to send the deposit to. I did exactly that, writing that the utilities/gas would be off by Monday, February 4th.


2/5/08

I call Fawn and tell her I’m not sure if I have given her the correct address for her to send my deposit to, which of course concerned me. She acts like she writing down the address and says nothing about me not getting the deposit back.

I know this is after she had been in to look around, because I’d seen vehicles at the house since, and lights were turned on one occasion. Leslie said she’d also seen people there prior to our phone call.

2/20/08

I call Fawn, and her voice mailbox is full. It’s been over a month, but I kind of expected it would take her a while to send it, just in my experience of dealing with her.

2/27/08

I call Fawn and leave a message with my name and phone number, and ask that she please call me back.

3/01/08

I had still not received any sort of call from Fawn, so I leave her another message. I say in this one that I would try to come by her house to talk to her if she did not return my phone call (thinking she would be prompted to contact me as opposed to dealing with this at home.)

3/05/08

Fawn has yet to call me once, and I’m getting very distraught at this point.

I call around 4PM and “Denise” answers. She is a girl from outside America who’s been staying with Fawn. She told me Ms. Quick hadn’t yet come home from work, so I just said my goodbye and hung up.

I then called back around 5:30 and asked Denise when Fawn would get home, and she told me it’d be close to 6 o’clock. I asked if she could leave Fawn a message for me. The message was if she hadn’t returned my phone call by 6:30 that night, I would have to come by with Leslie to speak in person, because she was obviously impossible to get a hold of.

6:30PM: Still no call back. I ring her up once more, and Fawn answers the phone, and doesn’t sound happy. I proceed to ask her if she lost my address, and she tells me there’s nothing to send, because I did not give a proper notice.

I am dumfounded. I had explained to her that what she did was very illegal, and violated any sort of lease I was contracted to. I ask her why she wouldn’t have tried to explain this when we talked earlier on, and why she wouldn’t have even tried to return my phone calls to tell me.

I was not supplied with any type of list of damages, and there really are none that I know of creating. I felt confident when I moved out, because I had left it in a much cleaner condition than when I moved in.

Her reasoning, on top of us not giving proper notice, was that there were nails left in the wall, and pots and pans left in the oven.

First of all, I was prepared for any deductions based on there being nails in the wall. There was a statement I remember in the lease, talking about a dollar per nail, or something to that effect. I would have been completely fine with taking care of that.

And the pots and pans left in the oven were simply in the pull-out drawer beneath for storage, they were all clean. I’m not sure if we left our pizza stone inside the oven, but it really was an accident. We would actually love to have those back.

So after us going back and forth about these topics, I tell her I’m very upset and I would take her to court if I had to. She replied “Well make sure you tell the judge you didn’t give a 30 days notice,” and hung up.

I then go over to my friends’ apartment, and they help me look up landlord codes, and we find that it is illegal to withhold a lease. I was very concerned with pursuing anything because I had misplaced my copy of the lease.

I It’s around 8:30 and I call her a final time, requesting she fax me a copy of the lease to my dad’s office, so I can supply a copy for the attorney. She acts as if she’s writing the number down, and then tells me there’s really no need for all this, and I had harassed “Denise” as well as herself with my phone calls.

I explained I wasn’t trying to intimidate, I don’t find myself an intimidating person. I simply needed to know something from her, which is hard when you are ignored. She once again says that she’s done with all, and she’ll think about faxing the lease, then hangs up.



It is now April 14th, 2008 and I have yet to receive a copy of the lease, payment in the mail, or any sort of contact from Ms. Quick.




Casey Downey
 


You were wrong and had no basis to skip out on your lease and could have been held liable for the required notice...however, if she failed to give you an accounting of your security deposit within the time frame allowed by law...you win.

File a small claims case. She will have to bring the copy of the lease (doesn't your roomate have a copy?)
 

cdowney

Junior Member
Sorry, I just pastied what I'd had save in my Microsoft word and forgot to write a question!:)

Anywhoo, I had asked that my landlord renew our lease after the 6 months with my roomate on it, but she never did. Does the lease apply to a month to month basis after running out, if I still lived there? And doesn't the fact that I went an illegal amount of days without compensation and running water cancel out me having to give a 30 day notice?

Would my writing hold up in court? She never supplied a list of damages of any kind.


Thank you.
 

SF439

Member
1. yes, the lease rolls over to a month-to-month

2. You have to have filed a complaint with the health department. It's hard to prove otherwise unless you have pictures.

3. The list of damages, yes you can sue for that BUT she can always claim that she did and it must have been lost in the mail or that you're lying. But still, it's more in your favor.

Sorry, I just pastied what I'd had save in my Microsoft word and forgot to write a question!:)

Anywhoo, I had asked that my landlord renew our lease after the 6 months with my roomate on it, but she never did. Does the lease apply to a month to month basis after running out, if I still lived there? And doesn't the fact that I went an illegal amount of days without compensation and running water cancel out me having to give a 30 day notice?

Would my writing hold up in court? She never supplied a list of damages of any kind.


Thank you.
 

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