sued by landlord

[glr1920]

i am being sued by my previous landlord for damages, that I admit were my fault, he is claiming 250.00for repairs. My question is what did my security deposit go for, if not to repair the damages. I know the damages were not more than my deposit. Can he sue for rent for a whole month when we were there for 8 days after being given an eviction notice? i live in kentucky

[Edited by glr1920 on 03-05-2001 at 03:31 PM]

 

[JETX]

Sorry, but we need a lot more information.

Such as:
1) Why were you evicted??
2) When were you supposed to vacate and when did you vacate?
3) How much was your security deposit?
4) How much of your deposit, if any, was deducted for unpaid rent?
5) How much of your deposit, if any, was deducted for unpaid fees and/or penalties?
6) How much of your deposit, if any, was deducted for landlords legal expenses and fees (eviction??)?
7) How much of your deposit, if any, was deducted for damage to the rental unit?
8) What do you estimate the cost (labor and materials) of the damages to be?
9) Other than your 'early termination of lease', were you in full compliance with the terms of your lease?
10) Did the landlord give you an account statement of your deposit after you moved out?
11) Your post says you are being sued, then discusses 'repair costs' and ends with being sued for a months rent. What are you actually being sued for and what amounts for each?

Without these facts, any response would be just speculation.

 

[glr1920]

additional information

We were evicted for being behind a month's rent for the month of December. I am assuming that there were no legal costs in this action because the letter was from his personal stationary and signed only by the landlord. We were supposed to be out by the 20th of January and we were gone by the 8th of January. Our security deposit was in the amount of $350.00 and we were told that we could not apply this to the unpaid balance, we asked to do so. We have not received any information as to what the deposit was used for. The damage was to a closet door and $100.00 dollars would be a high estimate (I know this because a friend of mine is a building contractor). We owe the landlord for the month of Dec. and do not contest that, however, I offered to make payment arrangements and he would only accept an amount that we could not possibly afford. He is suing for $450.00 for December, $450.00 for January and $350.00 for damages. I am a full time college student, my husbands income is approximately $300.00 dollars a week. Now that you have all of the information, I hope that you can be of some assistance.

 

[JETX]

Thank you for your additional information.

Here is what I see as owed:
$450 rent for December (if unpaid), PLUS

$118.32 for 8 days in January ($450 monthly rent times 12 equals $5400 annual rent, divided by 365 days equals $14.79 per day, times 8 days equals $118.32) [See note below], PLUS

Damages (unknown amount). You say only a door for $100.00, landlord is claiming $350.00 (you don't say if he agrees as to only the door, or if he is claiming other damages also), PLUS

Any applicable legal fees, court costs, etc. (your post says that the landlord "is suing", so I assume that there are SOME fees (filing and process service, etc.).

NOTE: Since the landlord terminated your lease (if any) by asking you to leave (either through the courts or personally), he cannot collect for the days that you were no longer a tenant. Also, daily rent is based on your being COMPLETELY out of the apartment, unit is cleaned, ALL KEYS RETURNED and notice of vacancy to the landlord. If you kept any part of the apartment INCLUDING KEYS or failed to notify, then your rent would apply until you totally vacated the unit, or his demand vacancy of January 20th.

So, with all that in mind, I would send the landlord a letter CERTIFIED RRR. Detail your position and the amounts you think are reasonable.

Finally, the legal aspects:
You need to look at Kentucky Code KRS 383.580, it details what is required for your security deposit. For example:
1) The landlord is required to place your security deposit in a 'special' account used only for that purpose. And you are MUST be told where and the account number.
2) The landlord is required to provide you with a list of known damages BEFORE you move in and you are supposed to sign it.
3) Upon termination or end of lease, both the landlord AND tenant are to sign the post-tenancy inspection report.
4) Most important, if ANY of the above are not done by the landlord, the landlord CANNOT retain ANY of the deposit.

The appropriate law can be viewed at:
http://162.114.4.13/KRS/383-00/CHAPTER.HTM