Security deposit advice please!? Small Claims Court?
Hello, Here is the situation, I was currently leasing an upper and lower in the city of Buffalo and my landlord had sold the house. She had called me August 17th letting me know that the closing date on the house was right around the corner and we would have a month after that date to move out. So I took that as being my 30 day notice that I had to leave so I ended up moving out on August 31st. Now she is claiming that I did not give her 30 days notice and I still owe her for Septembers rent and will not return my security deposit. Shes also making false claims such that we left trash in the house and there was poop on the floor and that we owe her extra because the place was not clean. However, I had always kept the place spotless and for months there would be people in and out of the house everyday as potential buyers who had all seen how clean the house was on a daily basis.
Do I have a case to get my $1300 dollars back or do I still owe for the month of September?
Thanks so much for your responses.
She did not show up when we moved out and was suppose to call me when she did go to the house but never did.
- Anonymous1 decade agoFavourite answer
You owe the rent, that is without question.
As far as clean goes, was the place move in ready? That is when it is clean. That standard is higher then for people to look at the place. To sell the place to do not wash every window, make sure every drawer and cabinet is spotless, make sure the bathroom is as good as new, etc.
- OthnielLv 61 decade ago
Did you do a walk through with the owner when you turned over the keys? That piece of paper documenting the condition of the property when you left with the signature and date of the owner is priceless! Hopefully you took some photos at that time and maybe have a paid receipt for shampooing the carpets etc. etc.
Take her to small claims court. Check your lease and the landlord tenant act for your state.
Often landlords do not follow the letter of the law in the required time frames in giving notice of retaining the security deposit. In Florida they have 30 days to send a certified letter to the last known address saying they are using security deposit funds for repairs.
If that letter was not sent in Florida then the landlord loses all claims against the deposit if the Judge knows the law. Take a copy of the law with you to small claims court.Source(s): Former real estate agent
- David ZLv 71 decade ago
30 days notice is required prior to start of month. So her notice to you on Aug 17 was to inform you that the month to month lease would not be renewed for Oct 1-Oct 31.
the lease was still in force for September. You will lose if you go to court. You should have moved out at end of September and all would have been fine.
- ?Lv 71 decade ago
Yes you do. Document everything and fight back.