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Ca...Charged for rent when I turned i my keys...Help!!?
I lived at my apartment on a month to month rental agreement, my security deposit was $2,400.00. I lived there from 07/10/07, was given a 60 notice of termination on 04/01/2009. I moved out and turned in my Keys on 05/01/2009 and signed a surrender of premises same day (05/01/2009) got my security deposit check on 05/18/2009 with the following deductions: $120.00 = Wall Patch and (2) Window Screens, $30.00 Missing vertical Blind Slats, $78.00=Damage/replacement for bathroom vinyl, $87.50 Painting, $35.00Stove Cleaning,Hod,Filter and Vertical Blinds, $643.50= Replacement of Carpet, $1,200.00 for unpaid rent for May 2009. Please help I was moved out and turned in my keys on May 1st 2009. Received a check for $206.00....HELP!!! Do I have a case for small claims court I talked to the manager 2 weeks before i moved out, and asked her if i need to give a formal letter of moving she said "NO" Since she is the one who gave me the notice then, i dont have to. if it is true that i was there for one day may 1st then how come they dont prorate it like they did when i moved in?
Public Comments
- Did you give them a 30 day notice? It sounds like you may have simply moved out a month early without giving legal notification.
- If you didn't want to pay rent for May, you should have moved out before May started. You were technically there for part of May - even though it was just a fraction of a day, and when you rent month-to-month they can charge you for a full month if you were there for even just part of it. Sorry you had to find out the hard way though.
- Although your rent is from the 1st of the month to the last day of the month, you do not have to pay for all of the days. Personally I don't think you should have to replace the carpet, nor ever pay a deposit of 2400 dollars. If you sue them, you may want to try and make a case concerning the other 29 days or so of rent (1160) and the state of what the place was in when you left it. It isn't very uncommon for places to try and rape your security deposit. It isn't the requirement of the tenant to leave a place in new condition, only as it was minus the normal wear and tear. I hope you've got pictures.
- you were give a 60 day notice on 4/1, and you moved out on 5/1, that's 30 days earlier, technically if its' a 30 day notice, it means that you still are paying for the notice period.
nothing can be done in this regard,
although you should check the carpet, thing, you might have a case there,
- You're on the hook for the full rent for May. Not because you were in the unit on the 1st, but because you didn't provide 30 days written notice of your intent to leave.
What the manager said isn't totally correct. You're not required to provide notice in such a situation if you're staying for the full sixty days, but you _are_ required to provide notice if you're leaving before the period is up. If you didn't tell her you'd be moving in 2 weeks, she assumed you'd be staying for the remainder of the term [it's a reasonable assumption, and she didn't have to ask -- the burden fell on you]. If she did know you were vacating before the 60 days was up, she straight up lied to you.
If she did lie, you're probably SOL. Verbal agreements don't bear weight, and you've got no proof to back your claim that she said it up. In a situation like this, judge is probably going to side with the landlord but if you can prove greater credibility, who knows.If you can provide pictures of the property at the time you left, or signed move-in/move-out checksheets documenting the condition of the property, it'll help a lot.
What you need to do is write a letter disputing any deductions you feel are invalid, and requesting a return of those funds. If you don't get a satisfactory response, you need to decide whether or not it's worth elevating. If the is are dotted, and the t's are crossed, small claims court probably isn't going to go well.
