I’m wondering why the house hasn’t been rented yet for 8/1 despite being advertised for the past two months?
As a former landlord, I would not be complaining about a tenant who moved out 3 months early and paid for two of those months.
He listed it with a big rent hike?
If so, any judge would laugh him out of Small Claims Court.
My first wife and I broke our lease for a single-family house midway through the second year of our occupancy. We knew we were looking to buy a house, but the landlord wouldn’t go month-to-month on our renewal so we just signed the lease and then ended up closing on a new home in the middle of the winter.
The landlord took us to court for 5 months of unpaid rent. The judge had no interest in our concerns over likely lead paint (never tested, but house was 200 years old) nor some other post-hoc excuse I gave.
However, what saved us was my stopping by the property to meet the new tenant, who initially was friendly and noted that he moved in within 6 weeks of our leaving, although when we returned to ask for a statement or copies of any documents illustrating his residency he became angry and threatening.
Fortunately, I researched the real estate listings in the local paper, and I made copies showing the judge that she advertised for approx. 6 weeks before discontinuing the ad…noting to the judge either she lied about the tenant or simply gave up trying to rent it despite a need to mitigate her losses.
We were notified by mail that the judge ruled in our favor and ordered no damages. 
1 Like
I may be headed for a similar fate. The apartment I just left had me sign a lease saying I was responsible for a professional carpet cleaning, which I could just not do and have the cost deducted from my security deposit (legal under my state’s laws - fine). At some point during my tenancy they revised their handbook to require a professional general cleaning. I never agreed to this. I made it clear several times before I left they were only getting the carpet cleaning fees out of me; they disagreed.
I wrote them an email giving them my forwarding address and a request to be present for a move out inspection, all using the methods and timelines agreed to in the lease. They wrote back saying I needed to make the request on a move out form that also includes agreements to the cleaning deductions. I said lol fuck off.
Moved out now, never got my move out inspection, and I have reason to believe my forwarding address never got recorded because I didn’t use their form. I still have the email records of it though. I expect the legal amount of time to pass either without receiving my deposit back or with the cleaning fees deducted. Thoughts on how to proceed?
For additional context, I didn’t want to move out. I searched for an apartment that would allow German Shepherds 18 months ago. This one had GSD’s on their restricted breed list but they made an exception after a meeting demonstrating he was friendly and well trained and he was specifically written into the lease. New management decided not to offer me a renewal because of the dog. There were no incidents with him, just a change in policy. So I’m in fuck these people to the full extent of the law mood.
1 Like
You need to give your state. For example the cleaning fee in Massachusetts is illegal, and if your landlord doesn’t give you your deposit back in 30 days (or a list of expenses that it was used on - and this list can only be non-normal wear and tear) you get treble damages
However in Indiana you’d be fucked because tenants have no power
Also in many states the penalty for not returning a security deposit is 3x
1 Like
Research your state/local laws and make sure you follow them and everything you signed to a t. If they don’t meet their responsibilities, take them to small claims court. You’re going to need the proper mailing address for them to be served. Prepare for all the arguments they’re likely to make - think of it like playing a poker hand and planning future streets. Have documented evidence of everything.
If it’s anything like my process, you’ll spend a few hundred in costs, and should return a pretty good hourly on it assuming you win.
I would document all this and include it as well. It makes you a more sympathetic figure, and shows this whole mess is on them - they’re forcing you out AND trying to hold you to new conditions you didn’t sign, while refusing to extend the old conditions you did sign, AND they didn’t properly return your deposit.
In PA it was 2x, but yeah I think 2-3x is common.
Be prepared to have to fight a competent and prepared attorney in court, but there’s a decent chance you won’t have to. They don’t expect to get sued over this because most people fold, so it’s a cost of doing business for them. On top of that the majority of the people who sue them will be ill prepared and not have enough documentation, so they’ll be able to steamroll them.
Knowing your legal rights, exercising them, and showing up prepared makes you a 1%er in this context. So there’s a decent chance they’ll be caught off guard.
1 Like
I was trying to avoid putting too much personal information out there but it’s Virginia.
This is a good idea. I was thinking I’m going to have the legal documentation on point but I never considered the sympathetic side and I probably should.
Unfortunately I think VA is 1x but they’d have to pay my legal fees. Although my deposit was absurdly low so multipliers won’t earn me much anyway.
1 Like
I asked my landlord to fix the fucked up garage door before I signed my new lease and they just ghosted me so I’m pretty sure all I’m going to when I move out is vacuum the place. I already consider the deposit gone.
1 Like
that’s the pro move, negotiate for lowest possible deposit, do everything on your own, leave it in the state it is when you leave
my deposit is only $750 so they are absolutely trippin if they ask me to do much other than clean
1 Like
I live in N.VA, and I pay $2400 for a 2-Br apartment in great shape with new appliances.
The security deposit is $300 (!?!?).
Yeah I was trying to set it up to be the average Joe being victimized by a soulless corporate interest.
I was extremely prepared but played it as much like an average person as possible - deferential to the judge, and also to the landlord’s lawyer even when she was rude to me and while standing my ground. A lot of, “I’m not a lawyer so my apologies if I’m misunderstanding, your honor, but I believe the law that covers this says…” Whether I was 100% sure I was right or 70% I just wanted to come off as very unassuming and polite. I dressed up a bit, but not too much, no tie.
It worked perfectly, the lawyer not only was uninformed and underprepared, she was snotty to me about how I was addressing the judge in front of the judge, which got her dressed down by the judge. Thank God for masks, I did not have to try to keep a poker face.
You may want to weigh the pros and cons of proceeding then, if the deposit is low. Depending on how much you’ll enjoy/dislike the process, and how else you may use your time, it may not be worth it.
I was on a warpath against the property management company for making my last few months there a huge pain in the ass, so I enjoyed it… Plus it was in the midst of covid so I had plenty of time on my hands.
But if your deposit is similar to DrChesspain’s, discretion may be the better part of valor.
There is really no reason for a deposit to be much more than that. cleaning is cheap. unless you did some really destructive shit, it’s not going to cost much more than that to have carpets cleaned and a cleaner come in.
1 Like
I think that guy needs a refund for his ‘Ivy League’ education
People pay sticker at the ivies?
People like that guy definitely.
1 Like