what recourse do i have?

[Who's Liable?]

Ignore Willie,
Your son invited a lot of traffic.

Didn't someone mention a crystal ball earlier?

This is very common, and expected when you rent to young people. That's why landlords find excuses not to rent to young adults.

As with older people too...

Basically, your son broke the lease and no refund is due.

mmmm... reading over OPs first post, nowhere does it say son broke lease. It only states:

on April 10th the land lord called me and told me he didnt want my son there anymore due to the kind of "traffic" he invited into his complex, and to get him out of there before the weekend was over.

can you tell me where in that statement OPs son broke the lease? LL not liking the people entering the complex is NOT breaking a lease...

 

[ygavett]

I actually paid him by personal check and can get the copy from my bank.

 

[MIRAKALES]

The USPS certified letter request for security deposit refund and return of rent should be immediately issued by tenant. There should be no mention of SCC until the legal expiration date (required for security deposit refund). The mention of SCC may be conveyed as unprofessional or threatening. If a second request is necessary revise the original letter to include legal action.

LL may want to dispute the rental refund. Tenant may want to pro-rate the monthly rent ($150.00) for the seven (7) days of use. Tenant should not initiate the discussion of SCC or pro-ration if that was not the verbal agreement. Although a less than one month occupancy does not necessarily warrant proof of non-damages, the premises should have been photographed prior to tenant vacating.


SAMPLE LETTER

Dear Landlord

This is a request for immediate refund of security deposit and monthly rent for the premises located at _____, Oregon. The premises were leased to ___ on April 5, 2009.

The security deposit should be delivered by landlord within thirty (30) days of lease termination, in accordance with Oregon law. We anticipate full refund of the security deposit on or before May 12, 2009. This will eliminate the necessity of legal action.

In accordance with our mutual agreement, the lease agreement was terminated on April 12, 2009 per landlord’s telephone request of April 10, 2009. The tenant has complied with landlord’s request to vacate the premises as of April 12, 2009. At our meeting on April 12, 2009, tenant returned the keys to the premises and delivered the property in good and clean condition.

Please be advised that per our discussion and mutual agreement, the monthly rent paid in the amount of $450.00 should be refunded as per our discussion, along with the $450.00 security deposit in the same amount. Please send a check in the full amount of Nine Hundred Dollars ($900.00) to the forwarding address provided at application, as agreed. The contact information is provided with this letter for convenience.

We appreciate your anticipated cooperation. Please feel free to telephone with any questions. Thank you.

USPS Certified Mail

 

[applecruncher]

I have been calling a couple times a week and being nice about it so that there is no possible way it could be harrassing. I havent written a letter yet. I was actually thinking that might be my next step. Thanks for the advice.

That's the problem. You should have insisted LL put his offer in writing, and you should not have turned over the keys without getting whatever he promised, requesting that he do a walk thru, and having him give you a receipt and itemization of what condition the apartment was left in. Might be too late now.

Being "nice" and "thinking" about putting something in writing, way after the fact, has gotten you nowhere.

Was there a written lease and what did it say re: whatever your son did to piss the LL off?

Let this be a learning experience for you and your son.

 

[ygavett]

well- I tried speaking directly to him but the obstacle is, of course, that he is never there and I always have to deal with his wife. This was the case the day I dropped the keys off. I havent been able to get in direct contact with him since he called me to tell me he wanted my son out.

 

[applecruncher]

well- I tried speaking directly to him but the obstacle is, of course, that he is never there and I always have to deal with his wife. This was the case the day I dropped the keys off. I havent been able to get in direct contact with him since he called me to tell me he wanted my son out.

You didn't answer the question about a lease. Several have mentioned it but you ignored that important factor.

Again, the agreement/offer to terminate should have been in writing. You had the opportunity to do that when he called you. You have no business "dealing with" his wife. As I already said, you should not have just 'dropped the keys off'. You bear some responsibility here. So now you keep "trying" and he keeps ignoring you. <shrug> You have no proof that he agreed to do anything.

 

[MIRAKALES]

While it may have been a better option to receive a signed written early lease termination from the LL, being PROACTIVE after-the-fact will still work to tenant’s advantage. A USPS certified letter requesting refund and detailing the verbal agreement will confirm tenant’s disposition.

LL is not required to respond to the letter but will have to address the issue of security deposit and rent refund in SCC. Tenant will need to PROVE to a court that the lease agreement was terminated by mutual agreement. The certified letter (with or without LL response) will support the tenant’s disposition in court. The telephone communications will not support tenant’s intended purpose. Send the letter ASAP with follow-up if necessary.

Was this an annual lease agreement or a month-to-month lease agreement?

 

[applecruncher]

Oh, I'm not suggesting OP just let it go. Being proactive now via certified letter RRR may push LL to do something. However, LL could easily reply saying "I have no idea what you are talking about. You terminated the rental agreement early and dropped off a key. I said nothing about refunding anything".

Tenant will need to PROVE to a court that the lease agreement was terminated by mutual agreement.

That is the problem here. Proof.

 

[ygavett]

what question am i ignoring? it was a month to month rental agreement and the only thing in it about visitors was that they couldnt stay more than 3 nights in any month. Which never happened. Also the "visitors" or Traffic that they were complaining about were not all directly related to my son. The most company he had there the whole time was 4 friends who visited him and left a couple hours later.

I felt it better to get him out of there than let the landlord continue to harrass him and send the police over there every day- just looking for something illegal to get him with. Im not saying my son is an angel but that was harrassment in my eyes.

I appreciate all of your advice and yes it is a valuable lesson for my son and myself as well. I guess I just wasn't thinking logically when he called me to ask me to get him out of there. So now it seems we are out every penny I have put into the place for him and my son is now homeless because of it. This has caused an incredible financial hardship for us and I doubt that I will be able to even come up with the money right now to pay a filing fee to take him to small claims court.

 

[MIRAKALES]

.... I appreciate all of your advice and yes it is a valuable lesson for my son and myself as well. I guess I just wasn't thinking logically when he called me to ask me to get him out of there. So now it seems we are out every penny I have put into the place for him and my son is now homeless because of it. This has caused an incredible financial hardship for us and I doubt that I will be able to even come up with the money right now to pay a filing fee to take him to small claims court.

Presumably, a tenant (current or former) would be required to pay next’s month’s rent. Trust that the court filing fees will be less than $450.00 when filed next month. Just send the USPS certified letter in a timely fashion to support your disposition. LL may cooperate and refund security deposit. If no response send second follow-up notice on May 12, 2009 and initiate small claims case on May 18, 2009.

For the record, a month-to-month lease agreement requires thirty (30) days advance notice. Therefore, the letter confirming the mutual early lease termination will serve in lieu of the notice to vacate. Otherwise, without any written notice of termination, tenant will provide LL with additional ammunition for court.

Now that there is time to "think logically," follow legal protocol to provide the court with something actionable that a judge can decide without prejudice. The "valuable lesson" may work in favor of tenant if legal procedure is followed.

 

[BL]

There were no damages and the apartment was cleaner when he moved out than when he moved in. I made sure it was spic and span when he left. I know that we probably shouldnt have moved him out but the land lord was harrassing him everyday about people coming through the complex. Most of the people that were coming through were transients. It is situated in an area where there is a large homeless population. I noticed the few times that I was there - always someone in the alley going through the trash or hanging out looking for cigs.

I didnt want to subject my son to the harrassment that he was getting from the LL. I didnt want to go through the court thing with a possible eviction.

When I write a letter should I wait the 30 days that he has to get the money back? Should I also threaten with small claims court before trying to make a calm request from them?

Remember a LL has approx 30 days after last day of ( legal) tenancy to return SD.

Plus you can still file in a couple of months if need be .

I know it's of no help now , but think ahead .

Get that RRR Certified letter out !!

 

[Who's Liable?]

Remember a LL has approx 30 days after last day of ( legal) tenancy to return SD.

Plus you can still file in a couple of months if need be .

I know it's of no help now , but think ahead .

Get that RRR Certified letter out !!

X2...

Some states deem the 30-days DOES NOT START until a demand for deposit has PROPERLY been delivered to the LL and/or a forwarding address.

 

[Alaska landlord]

I agree that if the landlord made a deal with you he should keep it.
But, it is also possible that the landlord had valid reasons for ousting your son.
They have obviously had words and the disruption attributed to your sons behavior was enough for the police to be called. It is no surprise that after the police arrived it their was nothing but silence coming out of his apartment.
I guess, the next time it happens, there will be no excuse. Right?

Contrary to popular thinking today, interfering with the quiet enjoyment of other residents apartments is a breach of the lease agreement.

 

[BL]

X2...

Some states deem the 30-days DOES NOT START until a demand for deposit has PROPERLY been delivered to the LL and/or a forwarding address.

Keep a copy of the letter and the delivery receipt that the Certified letter was received, and any return correspondence from the Landlord .