LandlordWoes-Saga continues

[FedUpwith Renting]

Sorry to ask for more help, but this saga continues....
I sent the final rent check with the move-out date and forwarding address to L by certified/return receipt (06/29). They have not picked it up and it will soon be sent back to me. My husband has called 2x in regard to the letter and to set a move out date with L. No response to messages. We have a feeling that L is going to try to keep the entire security deposit for the last month's rent ($300 more than we owe). Questions:
1) If we could not use the security deposit to cover the last month's (partial month's) rent, can they?
2) If they do not show up / set a move out date with us, what do we do? (We have a video camera, camera with date stamp and 4 witnesses ready to go).

Thanks again !!!!!

 

[Tracey]

You've positioned yourself beautifully for the lawsuit. Excellent job! If L doesn't bother to pick up a certified letter containing the last month's rent, that's L's problem. L cannot use your security deposit to cover rent L refuses to collect otherwise. When the letter comes back, save it unopened. Also, make a log of the calls you've made. If possible, call L, say "I'm taping this call" & tell L that the last month's rent check is in that envelope & you suggest L pick it up. Also, tell L that, since you have paid all rent in full, you expect a full & complete refund of your security deposit. If L withholds any of the deposit to cover rent, you will sue L for willfully & wrongfully withholding money fromt eh deposit & will recover twice the deposit + costs. (If you'll list your state, I can give you the exact code section for you to cite.)

Use the video camera date stamp feature. Tape the entire apartment, do closeups of areas, the condition of the furnishings, stove, carpets, etc. Use a pointer but don't talk during the taping. Have your friends present so they can testify whether there were any bad smells, stains, etc. Save the tape for at least 2 years.



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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.

 

[Fed Up with Renting]

Thanks again, Tracey! I will do what you suggested. If L doesn't respond to any of the phone calls regarding the move out walkthrough, we intended to film everything with the witnesses. But, what do we do with the keys?

And, since L won't call back/or pick up the mail, we can't give them a forwarding address. TX code says that if we don't supply an address L doesn't have the 30 day requirement to return the security deposit. Should we leave the forwarding address on L's answering machine too?