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Kansas Deposit Question

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OnionJar

Junior Member
Kansas

My wife and I lived in a rental home in Kansas for 10 months. We moved out early and were aware we had to pay the rent if the place was not rented.

We moved out on April 25. We paid May rent and about mid-May a new tenant moved in. We did not ask for any money back since our landlord is a pain to deal with. She is very combative and hard to deal with. She charged us for utilities sporadically but refused to ever show us a bill. She supplied appliances to the house but refused to maintain them when they were not working correctly so we had her take them out. There were other issues but with a lack of housing in the area we were afraid of retaliation by her that we could do nothing about.

We were told by her the new tenant moved in June 1 and so we did not pay June rent. Earlier this month she texted my wife saying she has not sent the deposit back to us yet because she said her accountant couldn't "close the books on us" because she said there was an issue with a past rent check. We looked back and all of our checks were deposited for the correct amount and there was one for every month. We told her any issues were on her end and this is not our issue. We still have not received the deposit.

Does the deposit have to be to us 30 days after we move out (April 25) or 30 days after our lease ended (June 1)? At what point should we take her to small claims court to recoup our deposit? She has stated that she will take our last utility bill out of the deposit that is due to us but she would not tell us how much that is. What other recourse do we have against her?

Thank you
 


FarmerJ

Senior Member
What proof do you have that a new tenant moved into the place in mid may ? because your lease with her did end with the date a new tenant moved in is what I would argue as the start date of the new tenancy and if you can prove the date they moved in then she also owes you a partial refund of Junes rent you paid and know this , in a court she wont get away with not giving proofs of the utilities that she supposedly collected from you she will have to pony up those records to prove her claim. Know this , if she is that much a a GEM now you might not easily collect a judgement you may have to learn how to enforce a judgment in your state and that might include you might even have to learn how to renew one if your able to do so as well as learning how to make sure that it is recorded as a lien.
 

OnionJar

Junior Member
What proof do you have that a new tenant moved into the place in mid may ? because your lease with her did end with the date a new tenant moved in is what I would argue as the start date of the new tenancy and if you can prove the date they moved in then she also owes you a partial refund of Junes rent you paid and know this , in a court she wont get away with not giving proofs of the utilities that she supposedly collected from you she will have to pony up those records to prove her claim. Know this , if she is that much a a GEM now you might not easily collect a judgement you may have to learn how to enforce a judgment in your state and that might include you might even have to learn how to renew one if your able to do so as well as learning how to make sure that it is recorded as a lien.
I don't have any proof other than observation by myself and others. To be honest I wasn't and am still not terribly concerned with that aspect. We felt that we wouldn't pursue that because we simply wanted to be done with her with no more fight. However, we're getting concerned about the deposit so it might not be that easy.
 

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