Can my landlord draw from our deposit if he can't rent the house because of us?

[Marzipan]

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

One of my 3 roommates has, in the course of the year, made her room smell awful. Our lease is almost over and the landlord has been showing the house. No one will rent it because her room smells so bad, and there is no way to make them believe that there isn't a problem with the house itself. The landlord has said that if we don't resolve the issue, he'll start drawing from out deposit because he is unable to rent the house out. Is this allowed?

Edit: It's not a matter of getting the smell out, that will go with her (or we will clean it). He's threatening to draw from our deposit to offset the cost of not being able to find a renter because of the odor.

 

[TinkerBelleLuvr]

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

One of my 3 roommates has, in the course of the year, made her room smell awful. Our lease is almost over and the landlord has been showing the house. No one will rent it because her room smells so bad, and there is no way to make them believe that there isn't a problem with the house itself. The landlord has said that if we don't resolve the issue, he'll start drawing from out deposit because he is unable to rent the house out. Is this allowed?

He can deduct the costs to remove the odor from the room from your deposit.

 

[Zigner]

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

One of my 3 roommates has, in the course of the year, made her room smell awful. Our lease is almost over and the landlord has been showing the house. No one will rent it because her room smells so bad, and there is no way to make them believe that there isn't a problem with the house itself. The landlord has said that if we don't resolve the issue, he'll start drawing from out deposit because he is unable to rent the house out. Is this allowed?

Not sure what you mean. Once the lease is over, the LL can use the security deposit to remove the smell.

 

[Marzipan]

Please see edit.

 

[Zigner]

Please see edit.

Edit doesn't help. Your question doesn't make sense. What do you mean by "draw from the deposit?"

If you pay your rent, then there is no reason for the LL to want more money.
If the LL has to use part of the deposit in order to clean the unit, then so be it.

 

[Marzipan]

"Draw from the deposit" means he's going to start taking money out of our deposit each time he shows the house and it is still unrentable.

Let me (try to) say it more clearly: My landlord is unable to find a new renter for the house because when people come to see the house, they can't believe that the smell is not from something rotting in the walls/that it is removable. If he can't find a renter, he loses money. He still has to pay for the upkeep of the house, but won't get any rental money. Because he is probably going to have to let the house sit empty for a month or two because of my roommate, he wants to try to make up the difference by taking money out of our security deposit. The way he has set this up is as a penalty system: if her room doesn't smell better by a deadline (Monday, in this case), he will take money off of what we will get back. If we hit another dealine, he will take more off.

Is that allowed? Can he take money from the deposit because he will lose money on an unrented house? Or does he have to wait for us to move out and take money out for actual damages?

 

[Zigner]

"Draw from the deposit" means he's going to start taking money out of our deposit each time he shows the house and it is still unrentable.

Let me (try to) say it more clearly: My landlord is unable to find a new renter for the house because when people come to see the house, they can't believe that the smell is not from something rotting in the walls/that it is removable. If he can't find a renter, he loses money. He still has to pay for the upkeep of the house, but won't get any rental money. Because he is probably going to have to let the house sit empty for a month or two because of my roommate, he wants to try to make up the difference by taking money out of our security deposit. The way he has set this up is as a penalty system: if her room doesn't smell better by a deadline (Monday, in this case), he will take money off of what we will get back. If we hit another dealine, he will take more off.

Is that allowed? Can he take money from the deposit because he will lose money on an unrented house? Or does he have to wait for us to move out and take money out for actual damages?

No, that is not allowed.

 

[FarmerJ]

Were you and roomate on same lease ? or individual leases, If you were on the same lease and the LL is not fair about what they hold back for or charge you , your only option is to plan a bit ahead, take pics of how clean your able to leave the rest of the unit except for this one room and let the court decide if what he held back is un fair.

 

[Marzipan]

New information

I was told I should move this here, so please read it:


I posted yesterday about landlord wanting to take money out of our deposit because he can't rent our house because my roommate, her belongings and her room have developed a bad odor. I have another question regarding this roommate.

The landlord wants her room cleaned up and significantly less smelly by Monday so he can show the house without being humiliated. We had a conversation with the offending roommate, trying to handle the situation delicately, and she got really defensive (not surprising). She said she would do it, though. However, she has a history of not doing anything she says she will in a timely manner, and she will be gone until Sunday anyway.

Is is legal for my other roommates and I to clean her room ourselves if it doesn't look like she's going to come back? Or is it illegal to invade her privacy like that? She's very vindictive, and I don't doubt that she would retaliate if she felt (more) violated.

 

[justalayman]

and you did not answer the questions asked by FarmerJ. The answer to his questions is important in answering your new question.

 

[Marzipan]

Were you and roomate on same lease ? or individual leases, If you were on the same lease and the LL is not fair about what they hold back for or charge you , your only option is to plan a bit ahead, take pics of how clean your able to leave the rest of the unit except for this one room and let the court decide if what he held back is un fair.

All 4 of us signed the same document, if that's what you mean.

 

[justalayman]

then as a group you paid a single deposit, correct?

as others have said, the LL cannot deduct anything prior to the termination of the rental agreement/lease. If the room requires cleaning after you move out, that can be deducted from the deposit. Whether you can enter the roommates room or not will depend on whether there are any assigned rooms in the rental agreement/lease or there is an actual contract among the group of tenants. Most cases I have seen, there is an informal agreement as to who has what room. As such, you would be able to enter the smelly room and clean it. I would be extremely cautious though. The roommate may make unfounded claims you damaged some of her property. It may be best to wait until moving out and simply clean the entire apartment, including the stinky room.