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:
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!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.
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.






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