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Recent Security Deposit questions

Thank you for taking my question. I am in a bind and time

Hello , thank you for taking my question. I am in a bind and time crunch with Senior Apts. Have lived in same Senior apt for*****30 miles each way to work a day, which is exhausting. I'm 68 yrs old, female, live along. I found a Senior apt 2 miles from work and is $400 cheaper. I was placed on a waiting list , which is normal for apts here, because their is such high demand for them. I just was notified the apt came available and I put $200 to hold it and gave notice to old landlord.JA: Because laws vary from place to place, can you tell me what state the property is in?Customer: California, Orange CountyJA: Have you talked to a lawyer yet?Customer: No, that's why I'm here. I'm looking for a hours free consultation.JA: Anything else you think the lawyer should know?Customer: The old landlord wanted at least 60 days notice. I didn't give that, because I just found out about the available apt. Gave notice as soon as possible. They also have had us pay an extra 1200-1900 dollar up front guarantee. So they charged $600 move, then yearly rental increases, plus this extra large amount of money and if you don't sign a yearly lease, the ASSUME you want to go month to month and charge you a lot more money for rent. They also charge you for a carport.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

46,274 satisfied customers
We recently moved into a house 3 weeks ago and discovered

We recently moved into a house 3 weeks ago and discovered black mold that was not disclosed to us prior to moving in and was not seen on inspection (it was behind baseboards). We are concerned for our health. Our landlord is dragging his feet and does not want to address the issue. Is it breach of warranty/contract if he does not fix it/investigate it? What are our options?

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RealEstateAnswer

Juris Doctor

29,728 satisfied customers
I am being sued for breech of contract by my former

I am being sued for breech of contract by my former landlord. When I moved out at the end of my lease I took pictures of the house and know what repairs needed to be made. They decided to charge me $1649.50 but have refused to give me a breakdown of what each repair that they made actually cost. I put down a $150 pet damage deposit as well as a $600 deposit. Because they have not given me the breakdown I have not paid the additional $1049.50 that they believe I owe. There are many other issues that occurred while I lived in the home such as no running water during the winters, extremely high heating costs and the home was always cold, being told that my not having water was not as important because there were others without electricity, etc. I guess I need to know if I should try and fight there suit or if I should just pay it and wipe my hands of the situation.

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legalgems

Juris Doctorate

13,532 satisfied customers
Our daughter is scheduled to move in to her college

Hi, Our daughter is scheduled to move in to her college apartment (not university housing) tomorrow. Her 2 roommates are moving in this week and have reported that the apartment is NOT move-in ready or even livable at this time. Her lease started 8/1/16, and our full-month's rent was paid on 8/1/16. However, no pre-cleaning has been done, the apartment is over-run with cockroaches, the dishwasher has mold growing in the bottom and there is garbage strewn all over. When my daughter questioned them yesterday, they assured her everything was taken care of (painted, sprayed for bugs, etc.) however, her roommates are there today again and are attesting that nothing has been done.Do we have any kind of recourse here? She even wants to look for another apt complex at this 11th hour before school starts on Monday. This is not a small complex. It is University Trails in Tallahassee and has a large population of FSU students. Any help you can provide will be greatly appreciated!

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KimberlyLaw

Principal Attorney

Master's Degree

3,974 satisfied customers
I am a landlord in maryland. i have tenants in a one year

i am a landlord in maryland. i have tenants in a one year lease with no cancellation clause. they contacted us last night to tell us that they are buying a house and are moving out in november, but their lease doesn't end until june 1. what are my rights?JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: marylandJA: Have you talked to a lawyer yet?Customer: noJA: Anything else you think the lawyer should know?Customer: we are open to an agreement with the tenants to terminate the lease early, but we would like to keep their security deposit or charge them a one month's rent early termination fee. is that within our rights? how do we go about creating the agreement with them?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

46,274 satisfied customers
I am a landlord and my tenant left on Sunday July 17,2016.

I am a landlord and my tenant left on Sunday July 17,2016. We notiified them on Aug. 18,2016 that they would not be receiving their deposit back. They informed us we are a day late and owe them the entire amount back. Is this correct.JA: Because laws vary from place to place, can you tell me what state the property is in?Customer: MichiganJA: Have you talked to a lawyer yet?Customer: noJA: Anything else you think the lawyer should know?Customer: They rented the property for 4 yrs and had a pet fee and they believe that amount buit up and when they were moving they left their animals there while they were moving and basically used several rooms as a liter box .There is so much damage that we now have to replace sub flooring and maybe the drywall on the walls. This has been a long process finding and replacing all the damaged floors.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

46,274 satisfied customers
I am curious of my legal standing in disputing a termination

I am curious of my legal standing in disputing a termination of lease, including no penalties, and non-payment of further rent while vacating.8 months into a 12 month lease we had a City of Portland inspector from the Bureau of Developmental Services inspect our apartment for possible code violations. This was prompted by mold on our bathroom ceiling and my inclination was they were in violation. I bathroom has neither a window, nor a vent. Regardless of mold, which was covered in their mold addendum, it creates a hospitable environment for such and no way to properly manage it.The city report also covered some 15 violations, 4 of which were health, safety sanitation violations. Including construction being made without permits. Our apartment was not deemed unlivable but these issues are extremely concerning nonetheless.I have proposed the solution of our 30 days notice commencing on written approval of their agreement to no contractual early termination penalty, full refund of our deposit, and non payment of rent during our process of vacating.I am curious of our legal grounds moving forward, i do not wish to seek damages beyond what i have outlined in our separation agreement. I would like to move forward with finding and securing a new apartment to live in, without making a hasty uninformed decision.

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Asad Rahman

Attorney

J.D.

2,806 satisfied customers
I just vacated a rental that was in my name and shared with

Hello, I just vacated a rental that was in my name and shared with another roommate. The landlord and the roommate came to an agreement where they can remain in the unit on a month to month basis in their own name. The landlord just contacted me saying that my deposit will not be released until my old roommate, and the new tenant vacates the unit. Is this legal?

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RealEstateAnswer

Juris Doctor

29,728 satisfied customers
My wife and I moved to this area from Florida last January

My wife and I moved to this area from Florida last January 2016, and we rented a house under a one year lease. However, due to a job promotion, we need to terminate our lease a few months early. I can give the landlord a full 60 day notice, but we do not want to lose our security deposit. Should we use the security deposit to cover the last month we are in the house, (the lease states that one is not permitted to use the security deposit as the last months deposit), or is there a way to work it out ahead of time with the landlord so we don't lose our deposit ?

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RealEstateAnswer

Juris Doctor

29,728 satisfied customers
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