Apartment trouble, please help!

I have decided to move out of my apartment. When I gave my roommate/landlord a 30 day notice, she was fine with it. However, after going over my online bank account, I realized that she will owe me money when I move out November 15 (she owes me my security deposit--the rest of the rent is paid for).

Now, she is low on money and lives paycheck to paycheck. So I talked to her and informed her that either she owes me $600 (the security deposit) when I leave November 15, or I get to stay a month free (to December 15).

When I told her this, she got very upset and said that she would not give me my security deposit back because of a number of fees.

She said the first fee would be a cleaning fee. However, I said that I would clean the apartment back to how it was before I moved in. The next fee she said would be for utilities 15 days after I move out! I won't even be there!

Then the final fee she said she would tack on would be for my boyfriend spending the night two days a week. I had asked her this in the beginning (she wanted to do a verbal contract rather than a paper one, or a lease). But I guess she changed her mind.

So all of those "fees" would total the $600 she should owe me. I've had a feeling that she did not like me the moment I moved in. I have not been rude, nor have I caused any damage to her townhouse. She is being very stubborn, and I do not know what to do. What do you all suggest?

I wouldn't count on getting the security deposit back in this situation.  The only recourse you have is legal, and that's only if you have a robust lease.  If you can't take her to court, there's really no way of getting that money out of her grubby digits.

Oh wow, I really hate it for you, but I don't think you'll be getting anything back. I did the same thing with my first place and didn't sign a lease and towards the end of my stay in the place it was absolute hell and so was moving out. Without a written contract/lease, I'm not sure what recourse you have.

Sorry, I forgot to add two things.

1.) None of the added "fees" were mentioned in the verbal contract before I gave her the $600 deposit.

2.) I am moving out because last weekend, when I left the city for a few days (I left a note with my return date) $100 in twenty dollar bills was gone from my drawer in my room. I keep careful track of cash, and I keep a chart in my drawer with the cash.

We do not have any locks on our doors. So after my money "disappeared," I installed a lock (without damaging the door). She got very upset and said that I should trust her any my roommate and remove the lock.

1)  A "verbal contract" will probably mean zilch.

2)  Installing a lock without the landlord's permission was a bad thing to do.  It's their property, not yours.

3)  Talk to a lawyer to see if you have any legitimate case.

Thank you two for the quick responses.

dnrothx I am going to call up my father today (he is a lawyer), explain the situation, and see if he recommends anything.

I just feel like there has to be some sort of laws that protect a landlord from just taking money from me like that for very silly reasons. I am upset that it got to this point because I feel like she is just doing this both for revenge and extra cash in her pocket.

verbal contract? oof.

i think 30 days to settle deposit is standard if you SIGN a lease in texas. deposit minus any fees they deduct. you dont get it back the day you move out.

sounds like a $600 mistake you will never ever repeat. dont even waste your energy. yes that sucks. :/

Oh please, this is such ****. Take that bitch to small claims court. State laws are designed to protect the tenant.

Being as you had no written agreement she can not keep ANY of the security deposit for anything. However, in a small claims court, a judge MAY say she can keep on average $25/room carpet cleaning, and almost alwyas nothing for basic cleaning unless you leave it horrible.

Most states have laws that say if a landlord doesn't return a security deposit within 30 days you are intitled to that amount + attorney/filing fees (small claims court costs) + damages up to 1,2, or 3 times the amount of the deposit itself.

Feel free to reply with the state you live in, and i can quote and link to state laws for you.

I am going through this EXACT same thing right now, actually, I should be going to the small claims court in my city today to file my claim.

kdh1221, I live in Florida. Our floors are all tile, so I guess no cleaning charges!

I am so sorry that you are going through this, as well. It is very frustrating...

Original Post by kdh1221:

Oh please, this is such ****. Take that bitch to small claims court. State laws are designed to protect the tenant.

Being as you had no written agreement she can not keep ANY of the security deposit for anything. However, in a small claims court, a judge MAY say she can keep on average $25/room carpet cleaning, and almost alwyas nothing for basic cleaning unless you leave it horrible.

Most states have laws that say if a landlord doesn't return a security deposit within 30 days you are intitled to that amount + attorney/filing fees (small claims court costs) + damages up to 1,2, or 3 times the amount of the deposit itself.

Feel free to reply with the state you live in, and i can quote and link to state laws for you.

I am going through this EXACT same thing right now, actually, I should be going to the small claims court in my city today to file my claim.

Let us know how this pans out for you.

Agree with kdh. In absence of an actual lease agreement, you could probably get your entire deposit back through small claims, as long as you can prove you paid it...via a cancelled check perhaps?

Original Post by kathygator:

Agree with kdh. In absence of an actual lease agreement, you could probably get your entire deposit back through small claims, as long as you can prove you paid it...via a cancelled check perhaps?

I have access to online banking with Suntrust. It shows all of the checks I have paid her, along with a photo of the check with her signature on the back.

Original Post by kathygator:

Agree with kdh. In absence of an actual lease agreement, you could probably get your entire deposit back through small claims, as long as you can prove you paid it...via a cancelled check perhaps?

 Because the landlord is offering line-item reasons that would cut into a security deposit rather than just holding it back, I do wonder how this battle would go, especially the part about the boyfriend staying over.

Your security deposit will cover the landlord's cost of preparing the apartment for the next renter, cleaning, painting, changing locks, etc.  so best case scenario you will not get it all back.  In most cases renters don't get any of it back back because the landlord will "document" enough expenses to cover the full amount.

Original Post by trhawley:

Your security deposit will cover the landlord's cost of preparing the apartment for the next renter, cleaning, painting, changing locks, etc.  so best case scenario you will not get it all back.  In most cases renters don't get any of it back back because the landlord will "document" enough expenses to cover the full amount.

 ...a situation I've been in before.

Perhaps this landlord isn't that bright, though.

Original Post by trhawley:

Your security deposit will cover the landlord's cost of preparing the apartment for the next renter, cleaning, painting, changing locks, etc.  so best case scenario you will not get it all back.  In most cases renters don't get any of it back back because the landlord will "document" enough expenses to cover the full amount.

The next renter is moving in the day I move out. There will be no cleaning to do because my room will be clean once I remove all of my things. There is no need to pain because I did not make any holes in the wall, hang any pictures, etc. Also, the lock was a doorknob with a keyhole that I bought at WalMart. All I have to do is remove it and put the lock back in.

All of these charges do not make sense! :/

Eh, as a renter myself, I do want to see how these two battles (kdh's and yours) turn out.  Could start a renters' revolution!

Original Post by trhawley:

In most cases renters don't get any of it back back because the landlord will "document" enough expenses to cover the full amount.

This has never happened to me, and I've rented several houses and apartments.  I wonder if things are different in California.

Then again, I always had a written lease, the tenets of which I understood before I signed.

In the event you do decide to take this to small claims court you will need proof of how you left it. Otherwise she could go in and destroy it and you can't say jack. I reccomend you replace the original door handle and take pictures of the entire room, top to bottom the day you move out. Make sure you have a time stamp on there too. Then gather your documents and prepare to dig in it could take awhile.

On the upside maybe you could tell her you have already spoken to a lawyer(your dad) about this and you are prepared to take her to court. That might been enough to scare her into playing fair. Either way good luck and let us know what happened.

Original Post by purespark:

Original Post by trhawley:

In most cases renters don't get any of it back back because the landlord will "document" enough expenses to cover the full amount.

This has never happened to me, and I've rented several houses and apartments.  I wonder if things are different in California.

Then again, I always had a written lease, the tenets of which I understood before I signed.

 When I had a lot of my security deposit sucked out from under me, it was in Idaho, of all places.  Given an itemized list of damages and the associated expenses.  Had a written lease.

Original Post by muttlover:

Original Post by trhawley:

Your security deposit will cover the landlord's cost of preparing the apartment for the next renter, cleaning, painting, changing locks, etc.  so best case scenario you will not get it all back.  In most cases renters don't get any of it back back because the landlord will "document" enough expenses to cover the full amount.

The next renter is moving in the day I move out. There will be no cleaning to do because my room will be clean once I remove all of my things. There is no need to pain because I did not make any holes in the wall, hang any pictures, etc. Also, the lock was a doorknob with a keyhole that I bought at WalMart. All I have to do is remove it and put the lock back in.

All of these charges do not make sense! :/

They may not make sense to you but they will make sense to the Judge.

Edit:  With apartment leases that I'm families with it is customary to get first & last month's rent and a security deposit at the time of lease signing/moving in so your landlord should not have any problem funding the portion of  your deposit that you are entitled to since the new tenet is ready to move in.