I agree with Observer...but let's look at it this way. Your landlord already has your money. Getting it back now would be like getting blood from a stone. You could write letters, stating your rights and demanding a refund. Most likely this will get you a letter in return stating some clause in your lease blah blah blah. He will probably will not be prompted to give an inch until he is served with papers. The only way to get this money back after he has already indciated that he's not willing to return it is to file claim. Given the fact that you are moving to another state, (and I assume your landlord knows of this fact) do you really plan to pursue this from your new home state and travel back to attend a court date? IMHO, the best that can be gained here is to cut your losses short. Try to get whatever you can back from him, miniumally your security deposit in full. The laws are very clear on this and there is no room for jerking people around. If you are able to accomplish this, then your only loss would be 1/2 of your advance rent and cost to replace the carpet. To invest in a lawyer will probably cost more than what you are trying to recoup. By all means, pursue all venues, but be cautious with you expectations.
Found this on msn @ http://homeadvisor.msn.com/Rentals/...asaRenter0.aspx Your Rights as a Renter 15 Common Rights -------------------------------------------------------------------------------- Pages in this story: 15 Common Rights Protect Yourself -------------------------------------------------------------------------------- In a perfect world, landlords and tenants would work together like a well-oiled machine, both generously doing their part to keep each other happy and not disturb their neighbors' "peaceful enjoyment of the premises," as phrased in Mississippi's landlord-tenant law. In fact, lots of tenant-landlord relationships fit this descriptionâ??but we've all heard horror stories about the exceptions. And laws that protect both parties have become so complex that understanding your rights can be like herding cats. Since landlord-tenant law varies by state, the key is knowing your rightsâ??preferably before you even sign your rental agreement. Understanding your state law and the terms of your lease are your best guarantees against future problems. 15 common renters' rights Although renters' rights vary by region, many are pretty predictable. Here's a sample of rights likely to be addressed in your state's landlord-tenant law: Tools for Renters Find an apartment fast Get renter's insurance Rent or buy calculator 1. The Fair Housing Act makes it illegal to deny housing to a tenant on the grounds of race, color, sex, religion, disability, family status, or national origin. 2. Residential rental units should be habitable and in compliance with housing and health codesâ??meaning they should be structurally safe, sanitary, weatherproofed, and include adequate water, electricity, and heat. 3. Many states limit the amount landlords can charge for security deposits. (See http://www.nolo.com/encyclopedia/articles/lt/lt1.html to find out if yours is one of them.) 4. A landlord should make necessary repairs and perform maintenance tasks in a timely fashion, or include a provision in the lease stating that tenants can order repairs and deduct the cost from rent. 5. A landlord must give prior notice (typically 24 hours) before entering your premises and can normally only do so to make repairs or in case of an emergency. 6. Illegal provisions in a rental agreement (provisions counter to state law) are usually not enforceable in court. 7. If a landlord has violated important terms related to health, safety, or necessary repairs, you might have a legal right to break your lease. 8. If you have to break a long-term lease, in most states landlords are required to search for a new tenant as soon as possible rather than charging the tenant for the full duration of the lease. 9. Damage or security deposits are not deductible for "normal wear and tear." Some states require that a landlord give an itemized report of any deductions. 10. Most states require landlords to return refundable portions of a security deposit within 14 to 30 days after the tenant has vacated the premises, even in the case of eviction. 11. Landlords usually can't legally seize a tenant's property for nonpayment of rent or any other reason, except in the case of abandonment as defined by law. 12. Landlords are legally prohibited from evicting tenants as retaliation for action a tenant takes related to a perceived landlord violation. 13. A landlord cannot legally change the locks, shut off (or cause to have shut off) your utilities, or evict you without notice; eviction requires a court order. 14. If a landlord makes life so miserable for you that it forces you to move, it may be considered "constructive eviction," which is usually grounds for legal action. 15. In many states, it's illegal for a lease to stipulate that the tenant is responsible for the landlord's attorney fees in case of a court dispute.
A guy bitched to his landlord because the water well pump was connected to his electric meter.He refused to pay the his rent as long as the pump was hooked up to his meter. QUOTE]Originally posted by tt00 lord violation. *13. A landlord cannot legally shut off (or cause to have shut off) your water[/QUOTE] *If the pump stays connected the landlord never ever gets paid while the renter lives there free month in and month out. If the pump is disconnected so that the renter will pay the rent the land gets sued and fined. This clause looks like a catch 22 for the Landlord as he is dammed if he does and dammed if he doesn'! Any one have any ideas how a landlord should handle a situation like this ?????
While I'm sure your state has specific laws, the gener gist of tort law is mitigation of damages ... He can sue you for the balance of the lease, but to collect a dime, he has to prove that he tried to mitigare his loss. Since you've already found a replacement tenant and there won't be one day without rent, there are no damages. Yes, you broke the lease... but THERE ARE NO DAMAGES. HE SUFFERED NO LOSS. You even paid for the ad upfront!!! You're the one getting screwed - even if you apply 1/2 of the "prepaid" money against the May rent - he still owes you. If he fudged the paperwork (as stated previously) about interest bearing escrow accounts - you win by default. You could have a claim against him - and potentially a lein on his property. It may be worth a few $$ to talk to a local lawyer - even if you're out of state, he can do the legal work for you. Hopefully it doesn't come to that (previous point is valid - negotiate first). Good luck, mj
