jla@inuxd.UUCP (Joyce Andrews) (08/06/85)
In January of this year I signed an eighteen-month lease on a furnished house (good until June 30, 1986). I paid a deposit of $500 on the house, and $300 on the furniture. Both were refundable when I turned over an undamaged house. I also had an option to purchase. In June of this year, six months into the lease, the owners decided they had to sell the house. By then I knew that I didn't want to live there, so I told them I would not exercise my option. They told me I would have to get out. I figured I could argue because of the lease, but I also realized that my income level needed a mortgage payment instead of rent, so I bought a house and told the owners I would be out Aug. 1. I guess they were irritated that I didn't buy the house, because they started being a problem--showing up to fix the deck, showing people through the house, calling, etc. The husband has a vicious temper and I worried constantly about my teenagers getting in his way. I told them not to come around unless they had cleared it with me, but they showed up anyway. When I realized I had a problem I put the July rent in escrow and told them I would pay it ($550) when I got my $800 deposit. Well, I moved. I had their furniture and all the carpets professionally cleaned. We hadn't gotten it very dirty, but my German ancestry was leaning over my shoulder saying "leave it spotless." The windows were washed, the appliances were scrubbed--the house was far cleaner than when we moved in. They refuse to give me the $250 difference between rent owed and deposit owed. They claim damage--an old iron anchor that was resting against a tree as a lawn decoration rusted through (I never touched it). They say that the garbarge disposal is leaking. It wasn't before. They say I broke a very old lawnmower that I never even tried to start (I have my own lawnmower). Anyway, this goes on and on. My real question is, IS THERE ANYWAY TO GET BACK A DAMAGE DEPOSIT? Does a landlord have the complete hold over whether he/she owes you that deposit or not? Should I go to small claims court? BTW, I had them sign a lease termination so that they couldn't say that I had broken the lease. The lease termination says that they are terminating the lease for the purpose of selling the house. What's a mother to do?
sah@cbosgd.UUCP (Steve Hill) (08/07/85)
>From: jla@inuxd.UUCP (Joyce Andrews) >Newsgroups: net.legal >Subject: Rental Damage Deposit Return > * * * >In January of this year I signed an eighteen-month lease on a >furnished house (good until June 30, 1986). I paid a deposit of >$500 on the house, and $300 on the furniture. Both were >refundable when I turned over an undamaged house. I also had an >option to purchase. > * * * >They refuse to give me the $250 difference between rent owed and >deposit owed. They claim damage--an old iron anchor that was >resting against a tree as a lawn decoration rusted through (I > * * * >IS THERE ANYWAY TO GET BACK A DAMAGE DEPOSIT? Does a landlord >have the complete hold over whether he/she owes you that deposit >or not? Should I go to small claims court? > * * * >What's a mother to do? Ms. Andrews - I am an attorney (and software developer) in Ohio. I am not licensed in Indiana. Please accept my comments here as something to explore and think about. This is not advice. In Ohio, I would consider taking the matter to small claims court. The amount in dispute is well within the jurisdiction here for small claims. All the receipts from the cleaning, and all the documents ( lease, termination agreement, and anything else) would go with me. The former landlords would have to prove their damages because the lease agreement shows I am entitled to have my deposit back. Also, because I had a leasehold interest in the house, the landlord had no right to enter the property, except for inspection reasonably ; and with proper notice . (I assume from your facts that the guy just used a pass key to bring people by.) So, the landlord was trespassing, at least. I would consider filing a claim for damages because of trespassing, harassment, intentional infliction of emotional distress, and any other theory available in my state. These would be considered by me as sort of "negotiation fodder" to encourage settlement; all I would want would be the $250.00, and maybe court costs. If the claims were added to the $250, I would be sure not to exceed the jurisdictional amount to keep the case in small claims court. (Criminal charges might also be possible for breaking and entering, harassment, and other possibilities.) In Ohio, one does not need a lawyer to start an action in small claims court. The people handling these matters are usually very helpful. They will tell you about everything you need know, and make a staff attorney available for consultation and assistance in preparing papers. If really serious about the damages for trespassing and harassment, though, I would talk to an attorney. If I did not already know a good one (me !), I would call one of the local or state bar association lawyer referral services. These attorneys are members of the associations, and must (usually) carry malpractice insurance. Generally the first half-hour of consultation is inexpensive ( 15 to 30 dollars, or so). Some don't charge at all for the first session. Only an occasional reader of this service, I don't often give comments over the news system. Good Luck. Steven A. Hill