Landlords really piss me off!

[BuffCyclist]

I'm in the process of extracting my security deposit out of the landlord from my lease that just ended.

Long story short, I moved out on March 15th, provided written notice to landlord stating I am departing March 15th, but that the house will be completely empty on April 15th (giving landlord 30 days notice that I am fully accountable for). He told me that he would list the house for rent on 4/15 and that until we found someone to lease it, I would be responsible for the rent (which I knew and already told him). Which makes sense since I left the lease before the term was up.

My lease technically ended on June 30th, but he found someone to rent the house and move in on May 19th. They informed me that my last day in the house would be May 18th. I had already paid for May's rent, so they were going to give me 13 days of prorated rent, along with the security deposit.

Today is the 31st day that they have had to get me the security deposit refund and the lease states they will get it back to me in 30 days. So I call the landlord to find out where it is.

I ask him about the security deposit refund and he says they will get it out in the mail tonight. I ask how much it is for, and he tells me its for one months rent (sec deposit) plus 13 days of prorated rent, minus a $100 administrative fee. I inquire about the fee because it is no where in the lease. He tells me they informed me of it when I signed the lease.

I then proceeded to tell him that if it wasn't in writing, it doesn't apply. Additionally, he technically owes me the full amount of the lease since they failed to get the security deposit back to me in the time frame stated in the lease. At this point, he blows up. "*#&( I'm hauling radioactive nuclear waste for the US Government and I don't have *&@&@(# time for this *#&@. You just didn't read the lease in full or read over it because my lawyers put that clause in there." Okay, I say, I'll call your wife and ask her for the details regarding this fee. (As I once again tried to ask him what the administrative fee was).

She tells me that the administrative fee is IN the lease and it is in their lease that their lawyers drafted up for all 19 of their properties. I ask her where it is as I must have missed that. She said its NOT IN the lease, but that they told me about it upon signing of the lease. I told her if its not in the lease, it doesn't apply, and is therefore not a valid deduction. I asked her if she could read the lease and if we could meet tonight to discuss it, as well as me pickup the security deposit refund so I don't have to wait the 3 days for it to be mailed from their post office to my post office (same building). After hanging up, I reread the lease 3 times. Already read it twice before calling.

My saving grace:

25. Miscellaneous.

Time is of the essence of this Agreement. This Agreement cannot be modified or canceled except by writing signed by all parties. This Agreement is the entire agreement between the parties and supersedes all prior oral statements. If any portion of this Agreement is in violation of the Uniform Owner-Resident Relations Act, the invalidity of that portion will not affect the validity of this Agreement or any other portion.

His wife was always nicer to me than he was, and knowing that he's out of town I'm hoping that I can just prove to her that, according to their lease, if it is not in writing, it is not a valid agreement. And after speaking with my Fiancee about this, we agreed that if the landlord does not give us the $100, then we are taking them to small claims court. I wonder how many of their tenants have been ripped off like this, but I'm guessing all of them!

I know, I know. Rant rating: 0/10. Could've used more cursing. Guess I'm just too level headed and cool when I'm extremely pissed off.

[Chad4000]

I work in this field.. an admin fee has become somewhat standard for larger complexes, but we ALWAYS collect it up front. it would have to be in the lease for them to collect it now.

whereas the fine print like on our application paperwork, and deposit receipt is where we state it. but again, we are collecting up front, just to enter into the lease..

[Waywardson174]

Additionally, he technically owes me the full amount of the lease since they failed to get the security deposit back to me in the time frame stated in the lease.

I don't think this is true. Under Colorado law, I believe you are entitled to treble damages, but not the entire value of the lease.

C.R.S. 38-12-103(3)(a) The willful retention of a security deposit in violation of this section shall render a landlord liable for treble the amount of that portion of the security deposit wrongfully withheld from the tenant, together with reasonable attorneys' fees and court costs; except that the tenant has the obligation to give notice to the landlord of his intention to file legal proceedings a minimum of seven days prior to filing said action.

[Waywardson174]

I would give the seven days notice and get ready to make him pay up.

[Chad4000]

I don't think this is true. Under Colorado law, I believe you are entitled to treble damages, but not the entire value of the lease.

C.R.S. 38-12-103(3)(a) The willful retention of a security deposit in violation of this section shall render a landlord liable for treble the amount of that portion of the security deposit wrongfully withheld from the tenant, together with reasonable attorneys' fees and court costs; except that the tenant has the obligation to give notice to the landlord of his intention to file legal proceedings a minimum of seven days prior to filing said action.

yeah it's treble unless something else was stated in the lease..

for example, Im not sure why the landlord only gave himself 30 days in the lease when Colorado law says it has to be returned within 60 days. haha.. he gave himself less time then he should have. hahaha

[spqrzilla]

Give the notice.

It is illegal to charge an "administrative fee" in Colorado even if it was in the lease.

[Chad4000]

yeah.. make sure all comunications are in writing.. in fact, just telling the guy to email you so that it's in writing, will probably speed up the process for you getting the money back.

[BuffCyclist]

I work in this field.. an admin fee has become somewhat standard for larger complexes, but we ALWAYS collect it up front. it would have to be in the lease for them to collect it now.

whereas the fine print like on our application paperwork, and deposit receipt is where we state it. but again, we are collecting up front, just to enter into the lease..

For starters, he is not a complex or company. He is the owner of all 19 houses and rents them out (and maintains properties) on his own. It was never collected up front and it is not in the lease under Security Deposit.

I don't think this is true. Under Colorado law, I believe you are entitled to treble damages, but not the entire value of the lease.

C.R.S. 38-12-103(3)(a) The willful retention of a security deposit in violation of this section shall render a landlord liable for treble the amount of that portion of the security deposit wrongfully withheld from the tenant, together with reasonable attorneys' fees and court costs; except that the tenant has the obligation to give notice to the landlord of his intention to file legal proceedings a minimum of seven days prior to filing said action.

I'm in New Mexico, so that doesn't really apply. However, taken from the New Mexico Landlord Tenant Law:

47-8-18. Deposits.
A. An owner is permitted to demand from the resident a reasonable deposit to be applied by the
owner to recover damages, if any, caused to the premises by the resident during his term of
residency.
(1) Under the terms of an annual rental agreement, if the owner demands or receives of the
resident such a deposit in an amount greater than one month's rent, the owner shall be required to
pay to the resident annually an interest equal to the passbook interest permitted to savings and
loan associations in this state by the federal home loan bank board on such deposit.
(2) Under the terms of a rental agreement of a duration less than one year, an owner shall not
demand or receive from the resident such a deposit in an amount in excess of one month's rent.
B. It is not the intention of this section to include the last month's prepaid rent, which may be
required by the rental agreement as a deposit as defined in Subsection D of Section 47-8-3 NMSA
1978. Any deposit as defined in Paragraph (1) of Subsection A of this section shall not be
construed as prepaid rent.
C. Upon termination of the residency, property or money held by the owner as deposits may be
applied by the owner to the payment of rent and the amount of damages which the owner has
suffered by reason of the resident's noncompliance with the rental agreement or Section 47-8-22
NMSA 1978. No deposit shall be retained to cover normal wear and tear. In the event actual
cause exists for retaining any portion of the deposit, the owner shall provide the resident with an
itemized written list of the deductions from the deposit and the balance of the deposit, if any,
within thirty days of the date of termination of the rental agreement or resident departure,
whichever is later. The owner is deemed to have complied with this section by mailing the
statement and any payment required to the last known address of the resident. Nothing in this
section shall preclude the owner from retaining portions of the deposit for nonpayment of rent or
utilities, repair work or other legitimate damages.
D. If the owner fails to provide the resident with a written statement of deductions from the
deposit and the balance shown by the statement to be due, within thirty days of the termination of
the tenancy, the owner:
(1) shall forfeit the right to withhold any portion of the deposit;
(2) shall forfeit the right to assert any counterclaim in any action brought to recover that deposit;
(3) shall be liable to the resident for court costs and reasonable attorneys' fees; and
(4) shall forfeit the right to assert an independent action against the resident for damages to the
rental property.
E. An owner who in bad faith retains a deposit in violation of this section is liable for a civil
penalty in the amount of two hundred fifty dollars ($250) payable to the resident.

History: 1953 Comp.,  70-7-18, enacted by Laws 1975, ch. 38,  18; 1985, ch. 146,  2; 1989,
ch. 340,  2.

So after finding that last part in the law, they have entirely forfeit their right to a withholding of ANY portion of the deposit, be it repairs (there are none) or fees.

[Chad4000]

Give the notice.

It is illegal to charge an "administrative fee" in Colorado even if it was in the lease.

hmm.. serious question cause I hadnt heard this.

since when though? i wonder how all the big corps get around that. admin is pretty standard..

[Chad4000]

For starters, he is not a complex or company. He is the owner of all 19 houses and rents them out (and maintains properties) on his own. It was never collected up front and it is not in the lease under Security Deposit.

yeah what Im saying is that he cant collect it now.. admin fee (or paper shuffling fee as we refer to it lol) is literally for processing paperwork etc during the move in and whatnot..