F'n Landlord...

[KEEZY]

Hey guys, thought I'd bitch a little bit. PGL has lawyers, real estate agents, and I'm sure almost everyone has rented before. Please weigh in your experiences...

So I lived in this apartment for a year with my 3 friends. The landlord seemed kind of cool... for sure an ex-stoner who lucked out on some real estate and was pretty well off, though down to earth to a degree. And his scorpion woman wife. They were pretty slow about stuff, but eventually got it done. So today, I get my deposit check in the mail.

Original Deposit: $425 x3 = 1200
Carpet Cleaning (which was explained upfront, the day we moved in): -$90
December Late Charge (10%) for all 3 roomates: -$120
Damaged Hardwood floor and touch up cleaning of house: -$60
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$270 / 3 = 90 each. Thus giving $335 per person.

My issues: By law, the deposit was due back to us by 10/1/06. However they repeatedly promised us that it would be back around 9/15 or so (when the new people moved in). We reminded them towards the end of Sept. that we hadn't gotten them yet, and sent our addresses each time. Each time we talked to them, they "forgot" or "lost our address" or something. Finally my roommate, Polok, went into a Polish rage and called up on 10/2 wondering why they weren't there. (We didn't sweat it too much, because they gave a 3 day grace period on rent). Again, they said they forgot, and the wife got on the phone and said "Should we send the $1200 to you, or split it up and send it to everyone else?"
Also, 2 of the checks were late in December, and the late fees were paid.

Clearly, they meant to say:
Carpet Cleaning = -$90
Floor repair = -$60
Late fee credit (10%) for not getting you the deposit back in time: +$120
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$30 / 3 = $10 each. Thus giving $415 per person.



I'm not one to get mad at people, or be stingy with money or anything, but I don't like being screwed. We're waiting to hear back from them, but I know they'll try and pull some ish. They were 5 days late on even mailing the checks, and over 9 days late on getting them to us. I really hope they agree to my proposed bill.

Sorry guys, had to ragers. Thanks for reading.

[KEEZY]

Maybe demanding $120 in late fees from them is a bit much (thanks to Danger for calming me down, and pointing out rational things) but I still hate that these people are VERY VERY wealthy, and are trying to screw some college kids out of money that means a lot more to us than it does to them. He would always brag about how he bought a house for 100K and sold it for 400K a year later. Awesome!

Oh well...

[blars]

I find that happens to me quite often...I'll be completely pissed about something, then eventually I'll calm down and not be too pissed anymore.

Yeah, your situation sucks. I had a pretty carpy landlord the second time around...he deducted from the deposit for hairspray residue in my bathroom.....I DON'T USE HAIRSPRAY!!! It was like $15, so it wasn't worth my time to get into it. But there are some pretty slimy/crooked landlords out there.

[ZoomZoom71]

I know what Florida Law (Chapter 83 in the FL Statutes) states about returning Security Deposits, and it may be similar in your state. Here ya go:

(3)(a) Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant's last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim. The notice shall contain a statement in substantially the following form:
This is a notice of my intention to impose a claim for damages in the amount of _____ upon your security deposit, due to _____. It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to (landlord's address) .


If the landlord fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit.

Let me know if you have further questions.

[ZoomZoom71]

Oh, and I'm a Landlord, myself. I can see both sides of this coin, you greasy college kids!

[Rhino Chaser]

They always try and stick you with the deposit....I had an incident in college where I wasn't even in the lease, moved out of the apartment after having prepaid for the entire semester (which had 2 months to go), when I moved in I was told not to worry about anything. It was interesting when I got served with court papers in small claims court the day I was leaving town (needless to say I didn’t make my court appearance)....I never thought about it again until I saw it on my Credit Report 7 years ago....I just about frothed at the mouth, made several phone calls and it has since disappeared from my record.

(There is actually a pretty funny story behind the whole thing…but I will keep that for some other conversation)

I also had a landlord who used to go through my place and check my garbage to see how much beer I was drinking....I even did the trick where you put a small piece of paper in the door jamb…it was dislodged every day….I moved.

When it is someone else's place you are usu living on their terms, no matter what the law says. To me it is very rarely worth it to go through a legal ordeal, unless you are protecting an asset which outweighs the demands placed upon you...

People will always jack you, and it depends on how much time you want to spend dealing with the frustration or cut your losses and realize that everything comes back to roost.

I hate renting.

[SpOoNmAn]

Damn, I guess I got lucky. My landlord lives next door and Ive seen him maybe 5 times in 2.5 years. Great guy who has been very gracious when it comes to being late with rent. Never charged me anything and the few times I have seen him, hes brought over food/pastries his wife made.

Hope it all turns out well keezy

[Peench]

Keez - security deposit law in Cali is similar to what Zoom posted. Not sure how it is in OH. In Cali the landlord must return your deposit within 21 days or they lose their right to automatically deduct whatever they want. After that, they have the burden to prove it.

Definitely work with them on it and if they choose to jack you around and its worth you and your old roomies time, call them on it.

[KEEZY]

I don't think Ohio is like that... though I wish it was! Danger found the Ohio law and emailed it to me. I'd post it, but they block all externa e-mail sites at work.

I'll have to look over it again, but I don't remember reading anything about how they forfiet the right to make any claims.

Thanks for the support guys!

[Wondermonkey]

1) Ok, I hear Danger gave you documents and advice, did she happen to tell you her hourly fee?

2) If you take her advice, you'll get your money back. Be calm though, act professional, and request to talk with them.

3) We've never gotten screwed like that here, but it happens. If they didn't put your deposit in an interest bearing account they may have already broken the law in Ohio (from what Danger was telling me about the statutes). You can use that to your advantage too.

Good luck young Keezles.

[ZoomZoom71]

Here's what FL law says about Deposits:

83.49 Deposit money or advance rent; duty of landlord and tenant.--
(1) Whenever money is deposited or advanced by a tenant on a rental agreement as security for performance of the rental agreement or as advance rent for other than the next immediate rental period, the landlord or the landlord's agent shall either:
(a) Hold the total amount of such money in a separate non-interest-bearing account in a Florida banking institution for the benefit of the tenant or tenants. The landlord shall not commingle such moneys with any other funds of the landlord or hypothecate, pledge, or in any other way make use of such moneys until such moneys are actually due the landlord;
(b) Hold the total amount of such money in a separate interest-bearing account in a Florida banking institution for the benefit of the tenant or tenants, in which case the tenant shall receive and collect interest in an amount of at least 75 percent of the annualized average interest rate payable on such account or interest at the rate of 5 percent per year, simple interest, whichever the landlord elects. The landlord shall not commingle such moneys with any other funds of the landlord or hypothecate, pledge, or in any other way make use of such moneys until such moneys are actually due the landlord; or (c) Post a surety bond, executed by the landlord as principal and a surety company authorized and licensed to do business in the state as surety...[snip]

(2) The landlord shall, within 30 days of receipt of advance rent or a security deposit, notify the tenant in writing of the manner in which the landlord is holding the advance rent or security deposit and the rate of interest, if any, which the tenant is to receive and the time of interest payments to the tenant. Such written notice shall:
(a) Be given in person or by mail to the tenant.
(b) State the name and address of the depository where the advance rent or security deposit is being held, whether the advance rent or security deposit is being held in a separate account for the benefit of the tenant or is commingled with other funds of the landlord, and, if commingled, whether such funds are deposited in an interest-bearing account in a Florida banking institution. (c) Include a copy of the provisions of subsection (3).

Subsequent to providing such notice, if the landlord changes the manner or location in which he or she is holding the advance rent or security deposit, he or she shall notify the tenant within 30 days of the change according to the provisions herein set forth. This subsection does not apply to any landlord who rents fewer than five individual dwelling units. Failure to provide this notice shall not be a defense to the payment of rent when due.

Hope you enjoyed reading this.

[KEEZY]

That stuff is like a foreign language. Probably what HTML is to many of you! I think Polok found something about the 30 day timelimit too.

Any deduction from the security deposit shall be itemized and identified by the landlord in a written notice delivered to the tenant together with the amount due, within thirty days after termination of the rental agreement and delivery of possession.

[KEEZY]

Also, apparently we only would get interest if the deposit was more than the amount of 1 months rent. I'm not worried about getting 5% interest though.

Here is the full text

Ohio Security Deposits: (A)Any security deposit in excess of fifty dollars or one month's periodic rent, whichever is greater, shall bear interest on the excess at the rate of five per cent per annum if the tenant remains in possession of the premises for six months or more, and shall be computed and paid annually by the landlord to the tenant.
(B) Upon termination of the rental agreement any property or money held by the landlord as a security deposit may be applied to the payment of past due rent and to the payment of the amount of damages that the landlord has suffered by reason of the tenant's noncompliance with section 5321.05 of the Revised Code or the rental agreement. Any deduction from the security deposit shall be itemized and identified by the landlord in a written notice delivered to the tenant together with the amount due, within thirty days after termination of the rental agreement and delivery of possession. The tenant shall provide the landlord in writing with a forwarding address or new address to which the written notice and amount due from the landlord may be sent. If the tenant fails to provide the landlord with the forwarding or new address as required, the tenant shall not be entitled to damages or attorneys fees under division (C) of this section.

(C) If the landlord fails to comply with division (B) of this section, the tenant may recover the property and money due him , together with damages in an amount equal to the amount wrongfully withheld, and reasonable attorneys fees

554.607 Security deposit; permissible uses. Sec. 7. A security deposit may be used only for the following purposes: (a) Reimburse the landlord for actual damages to the rental unit or any ancillary facility that are the direct result of conduct not reasonably expected in the normal course of habitation of a dwelling. (b) Pay the landlord for all rent in arrearage under the rental agreement, rent due for premature termination of the rental agreement by the tenant and for utility bills not paid by the tenant.

Your thoughts?

[ZoomZoom71]

If the 30 days was not met, then you're due the full amount, it seems.

[KEEZY]

Word. To be honest, I don't have all of my check stubs. It keeps track online, but only for like 4 months or some jazz. Technically we could sue for double the deposit amount, but that's not how we roll. I just like how they think they could screw us over, and we wouldn't notice or care, or even know where to look. We were raised on the internet. We can find anything we want.