Can we talk about crappy landlords?

[sarcasticgirl]

I always read on YM about bad tenants, can we talk about crappy landlords?

I am currently battling with my former landlord. The 45 day deadline for returning a security deposit came and went and I had to contact him 6 times before he would respond to me at which point he tried to tell me his manager just left and would be out of town for a month and he would return the deposit in Sept when his manager returned (we moved out of his townhouse June 15) I told him this was unacceptable as we were past the 45 day deadline and I expected to receive the check within the next 10 business days.

I received the check yesterday, minus $600 along with a handwritten note that he deducted for replacing a screen on the patio door, cleaning and garbage disposal. I could probably give him the screen , which was pretty beat up when we moved in, but there was an incident with the neighbors dog which led to a 4 inch cut in the screen. $100, no big deal. We had a walk through with the manager when our movers were finishing up and he was pleased with how we were leaving the place (I am an OCD clean freak- I admit and we left the place in better shape than when we moved in)

The thing is, he is obligated to inform us in writing within 30 days of our move of any items that would be withheld from our security deposit, as well as provide receipts, or an estimate followed by receipts. Of course, he did none of that. 

I left him a voicemail last night and sent him a long detailed email. He emailed me today and admitted that a $200 charge for "garbage disposal" were items that were in the basement prior to our move but the other $400 were for cleaning and the screen. 

My last reply to him said the point was moot because he did not doing what is legally required of him. We received no contact from him until I attempted to get information regarding our security deposit. I don't understand why he thinks he has a leg to stand on. 

I hate dealing with landlords like this. We are amazing tenants. I've never had a late rent payment in my life. We take excellent care of our homes and even strive to make them better- which we certainly did in his unit. Why do landlords have to be douchecanoes?

[skubikky]

Take him to small claims court.   Even then, if you get a judgement for whatever money you feel you're due, you'd have to pursue getting paid on your own.

Truth is, the burden is on you to keep bugging him or file a claim.

The thing is,  a contract is only as good as the people who sign it.   This is quite common as the repercussions are minimal to landlords and tenants alike.
I had rental property for 15 years and we spent a fair amount of time in small claims court.   Had the local magistrate on speed dial.   She was very lenient with the tenants as they have a lot of rights...at least in the rental law books.   But again, legislation is one thing, upholding these rules is quite another.

[sarcasticgirl]

I'm a pretty stubborn person and will absolutely not let this go. I work for one of the largest law firms in the country and am certain it would be simple to find someone who will assist me if it comes to that. 

[skubikky]

Aug 14, 2013 10:43:44 GMT -5 sarcasticgirl said:

I'm a pretty stubborn person and will absolutely not let this go. I work for one of the largest law firms in the country and am certain it would be simple to find someone who will assist me if it comes to that. 

Yeah, they might help you draft a scary letter to the landlord...maybe that will help move things along.    Start with that and see if it gets you any result.   Can't hurt.

[Deleted]

Actually, depending on what state you're in you very well COULD win. Judges do not like LLs who mess with following the rules. And as a LL myself I hate it when someone does this because there's no excuse and they give the rest of us a bad name. If it were me I would write him a demand letter giving him 5 days to return the balance of your deposit or you'll take him to small claims court. Send it certified, return receipt request and via regular mail.

FWIW our LL in Germany tried keeping $800 of our money. Although I tried working with him, I finally threatened to let DH's employer, the agents and their new tenant know how he was illegally keeping our money. Obviously we weren't going sue him from the US since you have to put in a personal appearance. Because he knew his best prospective tenants were business relocatees, he knew I could hurt his reputation especially since DH's employer was one of the biggest ones in town. Jerk was a lawyer.

We could have just let the money go but being in the profession it really bothered me. We paid top rent, always on time, took good care of the place, sign off of the "Protokol' was completed and then he tried that shite.

[Deleted]

Does your state have penalties for not returning the deposit correctly?

In Minnesota, landlords have 21 days, and if they don't meet the deadline, they pay 2x the deposit plus a $500 penalty.  But you have to go to small claims court to get it (if a letter citing the statute does not work).

[Deleted]

I would certainly fight to get it back. Maybe have one of the lawyers write a letter on the company letterhead and let him know you can sue him for up to 2x the amount or whatever it is in your state. I bet he would promptly return your money.

[sarcasticgirl]

I'm not sure of the penalty- I'm in Chicago, I will see what I can find. 

[sarcasticgirl]

Apparently I just needed to keep reading... 
basically it took 60 days to get the deposit (due to many calls and texts on my part), which was short $600. 
At this point I can demand the remaining deposit amount (which I've done) and if he still refuses, I can proceed with seeking 2 times the amount. I'm not looking to make money here, I just want what I am legally due. 

The landlord shall, within 45 days after the date that the tenant vacates the dwelling unit or within seven days after the date that the tenant provides notice of termination of the rental agreement pursuant to Section 5-12-110(g), return to the tenant the security deposit or any balance thereof and the required interest thereon; provided, however, that the landlord, or successor landlord, may deduct from such security deposit or interest due thereon for the following:

(2) A reasonable amount necessary to repair any damage caused to the premises by the tenant or any person under the tenant's control or on the premises with the tenant's consent, reasonable wear and tear excluded. In case of such damage, the landlord shall deliver or mail to the last known address of the tenant within 30 days an itemized statement of the damages allegedly caused to the premises and the estimated or actual cost for repairing or replacing each item on that statement, attaching copies of the paid receipts for the repair or replacement. If estimated cost is given, the landlord shall furnish the tenant with copies of paid receipts or a certification of actual costs of repairs of damage if the work was performed by the landlord's employees within 30 days from the date the statement showing estimated cost was furnished to the tenant.

(1) Subject to subsection (f)(2), (section above) if the landlord fails to comply with any provision of Section 5-12-080(a) – (e), the tenant shall be awarded damages in an amount equal to two times the security deposit plus interest at a rate determined in accordance with Section 5-12-081. This subsection does not preclude the tenant from recovering other damages to which he may be entitled under this chapter.

[Wisconsin Beth]

Is IL one of the states that requires landlords to put that money into a CD/trust account so they don't spend it? 

[sarcasticgirl]

Aug 14, 2013 11:43:44 GMT -5 Wisconsin Beth said:

Is IL one of the states that requires landlords to put that money into a CD/trust account so they don't spend it? 

Yes, they are required to put it in a separate account.


Him trying to fight me on this only makes me angrier, especially because we could have really rocked the boat with him... and maybe we should have, when we still lived there. we also moved out 2 weeks before our lease was up, even though the rent was paid in full and handed over the keys immediately as they had planned to do some remodeling. 

[Pants]

IL has strong tenant laws! And beth, I don't know if they are required, but my landlords always put my deposit in escrow - or didn't even cash the check, just held it.

[Wisconsin Beth]

I'm betting that SG's landlord cashed the check and didn't deposit it into escrow.  Thanks BSB, I was blanking on the language. 

[Phoenix84]

I had some bad landlords myself.  I've come to the conclusion I'll never rent from an individual if I can help it, only from well established companies.  It just becomes too personal otherwise.  I've never met an independent landlord that can be professional.

The worst was when my original landlord said I couldn't stay for another month before I was set to go to Virginia for training, so I had to scramble and find a place for a single Month.  I found a place that would let me pay by the week.  The toilet never worked right, and they never fixed it despite my many attempts to get them to fix it.  Eventually I just gave up and used the bathroom at a Duncan Doughnuts down the street.  I put my TV on one of the tables in the room.  One day I got a call from the landlord at work who said to move it because that table was an antique.  I said "okay, I'll move it when I get home after work."  Well, apparantly that wasn't good enough because he took it upon himself to move it for me and snapped the wires to the TV.  When I got home and confronted him about it, he got really mad and said he was going to call the cops and have me evicted.  I was pissed, but I guess he was just blowing smoke because they never came.  I think his wife talked him down.  When I was leaving after the month, I was carrying stuff out to the car and the cat got out.  Needless to say that was all my fault too.  I just left them standing there looking for their stupid cat. 

Then not only did they keep my deposit, but charged me several hundred dollars for cleaning, which was crazy.  I didn't pay it and they never pursued it.