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Small Claims Threat for Unknown / Unpaid Charges (IDAHO)

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brisemonchuk

Junior Member
I recently received this email from my former landlord:
Hello...I'am writing to let you and Michael know that on Monday Feb.16 2015 we will file a small claims action against the two of you for unpaid damage repair and cleanup that happened while the two of you were tenants. Michael signed a letter promising that you would pay the balance owed at a rate of $200.00 per month until paid in full. The two of you have paid twice for a total of $400.00. The balance owed is $654.50. With an additional fee of $69.00 for the small claims fee your new balance will be $723.00. If you don"t make arrangements prior to the 16th we will file the action.

Michael and I were dating at the time we had occupied the rental home. Our lease ended in May 2014, and I have not made contact with my former landlord since. He did not inform me of any charges I needed to pay. Michael had evidently signed some agreement to pay charges for the damage done to the rental property. Michael had caused the damages, and he had taken responsibility to pay any charges. Michael had signed an agreement to pay a fixed amount for the damage done. I had no knowledge of this agreement. Now, I get this email saying I'm going to be taken to court over these fines that I was NEVER aware of! What are my rights? In the state of Idaho, do I have to be informed if I'm being charged? How would Michael and I be legally bound together in any way? We're not married! How would it be possible that he would give MY consent with HIS signature?? Please, any advice helps. I feel like this landlord is just trying to take advantage of me.
 


FarmerJ

Senior Member
Was there a written lease and were you a co leaser / co tenant with this Michael ? by the way when did you move out and did he stay on ?
 

brisemonchuk

Junior Member
Was there a written lease and were you a co leaser / co tenant with this Michael ? by the way when did you move out and did he stay on ?
I did sign a written lease. So did two other people. For some reason, the landlord is only trying to go after Michael and myself for unpaid fines, when the third tenant didn't pay any fines, nor is he being threatened with a lawsuit. All three of us signed the lease and completed the required 12 months. We didn't break the lease, but no one stayed on the lease either. We were all moved out by May 1st of 2014, when the lease specified. I can share a complete copy of the lease if needed. Here is a segment from the lease regarding the deposit agreement:
The tenants agree to pay a security deposit of $500. The security deposit set fourth shall secure the performance of Tenant's obligations hereunder. Owner may, but shall not be obligated to apply all portions of said deposit on account of Tenant's obligations hereunder. Tenant shall not have the right to apply the security deposit in payment of the rent. The balance of deposit shall be refunded within 30 days from the date possession is delivered to the owner, together accompanied with a Move Out Schedule showing any and all charges made against such deposit by owner. Tenant hereby understands the security deposit also serves as a cleaning deposit if need be.

To be clear, I NEVER received my deposit back. I assumed he had used it to clean after we had moved out. Also, I NEVER received any form of a Move Out Schedule showing any charges made against the deposit! Is this a violation of the lease?
 

STEPHAN

Senior Member
Did you provide the LL in writing (certified) with your new address or did you have mail forwarding?

Otherwise he might have sent you a letter to the last know address.
 

brisemonchuk

Junior Member
Did you provide the LL in writing (certified) with your new address or did you have mail forwarding?

Otherwise he might have sent you a letter to the last know address.
LL? I didn't give him any information on my new address, aside from the fact he knows the current landlord I have now; she called him as a reference when I was applying for the current house I'm renting now, and apparently they knew each other from other real estate instances. He may not know the current address, but my previous address was my mother's house and I didn't receive any notice to that address.
He recently came into my work about a month ago, looking for Michael. He told me that Michael had still owed him money from a payment arrangement. He did not inform me of any charges against myself at the time. I assumed that if I supposedly owed him hundreds of dollars, he would have told me while he had the chance.
 

STEPHAN

Senior Member
His legal obligation is to send a letter regarding the deposit to the new address provides by the tenant or to the old address (the one you were living at).

Nothing else.

If he did that, he is good.
 

brisemonchuk

Junior Member
His legal obligation is to send a letter regarding the deposit to the new address provides by the tenant or to the old address (the one you were living at).

Nothing else.

If he did that, he is good.
So, is there some way to prove if he had sent a letter? Did it get lost in the mail? I certainly never received a letter. So if he never sent a letter, he can't charge for anything?
 

brisemonchuk

Junior Member
I did not say that. Be he could not use your deposit.
So then if I hadn't received my deposit back, and I never got a letter explaining any additional charges, how can it possibly be legal to take me to small claims court without notice prior to this email? It's been nearly a year since I moved out of his property, and I never received a notice of charges. He's had my phone number this entire time, but I have no missed calls from him. I am very puzzled how I could be held responsible for charges I was unaware of.
Also, Michael and I had a third roommate. He was on the lease, yet only two of the three leaseholders are being charged for any damage? He never made any payments for any damages. Why would he be discluded from the small claims action?
 

Gail in Georgia

Senior Member
Wake up call here for the OP...

You signed a lease. When you moved you were responsible for notifying your landlord of your new address so that they could provide you with documentation regarding your security deposit. You did not. Your landlord is not legally required to hunt you down by attempting to call you.

It is not unusual that if a landlord does not know the new address of a tenant, they will send the information to the last known address (the rental property), collect this and keep the unopened letter in their files as documentation that they followed the legal steps in notifying the tenant of both the status of their deposit and the damages they left to the rental unit.

Although there may be several tenants on a lease, the landlord is free to go after any (or all) they wish to sue for damages that exceed the security deposit in Small Claims court. Obviously your former landlord chose to sue you and Michael for these damages. If you lose in court you can turn around and sue the third roommate if you feel they caused these damages.

The fact that you didn't seem too concerned about not getting your security deposit back leads one to suspect you knew there were damages to the property (or owed rent/fees) when you moved out and assumed your deposit would be used to cover this. Now you're upset that your landlord is tired of waiting for the additional fees and wants them or will be filing for them through Small Claims court.

Gail
 

STEPHAN

Senior Member
I never got a letter explaining any additional charges
Again, that you never got a letter does not mean it was not send to the last know address. That you did not provide a new address or forward your mail is your problem.

As Gail said, you signed a lease, you are 100% responsible for it. (Not only one third.)
 

brisemonchuk

Junior Member
Again, that you never got a letter does not mean it was not send to the last know address. That you did not provide a new address or forward your mail is your problem.

As Gail said, you signed a lease, you are 100% responsible for it. (Not only one third.)

I understand that I am responsible for a lease I signed, I really appreciate the thick layer of sarcasm in your replies.
I do not understand how he would have sent a letter to my former address, (my mother's current residence), where I receive mail often, yet I never received this notice in the mail. So anyone can say they "sent" a notice, it never gets mailed, or gets lost in the mail, and it's still legally sustainable.
 

STEPHAN

Senior Member
it is not the LLs job to hunt you down. Also it looks as if you did not care for the deposit.

Your former address is the one your leased from his LL.

I don't say he sent a letter, but if he did and can show the returned letter you are out of luck.


If he never did, he might owe you a double deposit.
 
Last edited:

OHRoadwarrior

Senior Member
We appreciate your appreciation. So many people that thought they could just dash on damages they owe, refuse to acknowledge that they just dashed on the bills. Now you also know if landlord followed proper procedures, he can sue you. We are adding to your information.


I understand that I am responsible for a lease I signed, I really appreciate the thick layer of sarcasm in your replies.
I do not understand how he would have sent a letter to my former address, (my mother's current residence), where I receive mail often, yet I never received this notice in the mail. So anyone can say they "sent" a notice, it never gets mailed, or gets lost in the mail, and it's still legally sustainable.
 

FarmerJ

Senior Member
the only way to know what was in the deposit disposition would be 1 ask the LL or 2 sue for deposit refund in small claims and the LL will have to bring in his/her documentation and proofs of where it was sent to wich could have been the last address the LL had for you , the one you rented from him.
 

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