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This is my very first post on this forum. So, please bear with me.
I signed a lease on in June this year to rent a room in a house of my landlord. My lease was from Aug to Dec. I told her before signing the lease that I cook at home, bake sometimes and my husband would come to stay with me for a week in August. The rent included all utilities. The land lady agreed and I agreed to all the terms and signed the lease.
Aug 14th - My husband arrived to stay for a week
Aug 16th - Aug 18th: We were out of town
Aug 21st - My husband left back home
While my husband was here, he took bath - so used water. We were eating most of our meals outside as I was preparing for an upcoming interview. He was working from home, so had his laptop plugged in during normal business hours. She claimed that she used to keep A/C at 84F when we would leave. But, I forgot my lunch a couple of times in the past and used to come back home to pick it up and I checked that the temperature used to be 79F. So, essentially, she wanted to retaliate back about me standing up to her.
On Aug 21st, while I was on my way to drop my husband, I got a text from my land lady saying that I should pay her more money towards utilities since my husband was here.
I came back home and I tried to politely reason the sudden increase. I told her its not about money, but matter of principles. She knew that my husband would be here for more than month and half and she did not say a word about any of this then. Realizing that I would refuse to cough up extra money, she started shouting and yelling. She started using abusive words like bull s***, started pointing fingers and chastising me. At this point, I told her that I have always paid full rent before time. I need not take this kind of a treatment and would like to walk out. I told her I will give her a month's notice and would move out on Sept 30th.
Aug 22nd - I gave her a written move out notice
What I did not notice was the lease term consisted of two options: Month-month (for which there is a lease termination clause) and short term (for which there is no clause at all) and I had signed a short term lease.
Since that day, we were not talking at all.
Aug 29th - I wanted to use oven to cook dinner. She turned it off, started yelling, shouting, abusing, pointing fingers and asking me to get out right away. She even took out my food and banged it on the gas stove. She refused to let me cook my dinner in the oven even though I tried to politely reason with her on all accounts. Finally, I broke down and had my dinner out.
After coming back, I tried talking to her. She insisted that she will keep my deposit ($350) because "I broke the lease".
Sept 10th - She moved shelf in the refrigerator to reduce the space that I had before
Sept 13th - A new person comes in to see my room. I had cleaned my room and he agrees to move in since Oct 1st.
Sept 30th - I have literally washed her shelf and drawer in the refrigerator and ensured its spot clean. I have removed small stains on carpet. I have vaccumed my room. She even made me wash the trash bags that she had lined the cabinets with.
I understand that in case the tenant breaks lease, the LL keeps the deposit to mitigate losses.
Here are the "costs" associated for my LL:
a)My LL advertised on craigslist and got a tenant. So, advertising costs = 0
b) I cleaned my sections of the house spot clean and made it move in ready. Ensured that she does not have to hire professional service / spend an extra minute cleaning the place
c) The rent has already been paid up for whole of Sept and the new tenant starts right on Oct 1st.
d) There are absolutely no pending charges. Always paid full rent before time and have all the receipts too.
Moreover, I would not have given her a written notice in case she would not have been abusive. Also, she knew very well that I would be going out of country for month and half in the future and had promised to pay rent in advance for two months. And yet, she decided to go ahead and ask for an increase.
Can someone please advise me if I should move ahead with suing her? She has clearly stated that she is going to be keeping my deposit (I have recorded her statement in a video. I have also taken photos and videos of condition of various parts of the house that I was responsible for.)
Recently, she had a fought with another housemate too. And, I have voice recorded that just to prove how she yells and shouts. I wish I had done that while she was being abusive towards me.
The rent included all utilities, she cannot just start charging you more without proper notice at the end of the lease. Document in writing that she has told you to get out, without giving you the usual 30 day notice required by most state laws, but that you are proceeding to vacate the property as directed. Also document that she refused to allow you to prepare your food in the kitchen, which was part of your rental agreement and what you were paying for.
Go to the first sticky thread in the Renting forum and read up on what your state laws say regarding the landlords obligations regarding the return of the security deposit. Many states require a written notice of deductions be provided in 30 days after ending the lease. If the landlord does not comply with that deadline he is not entitled to keep anything.
You may have to sue her in small claims court to recover the deposit.
The rent included all utilities, she cannot just start charging you more without proper notice at the end of the lease. Document in writing that she has told you to get out, without giving you the usual 30 day notice required by most state laws, but that you are proceeding to vacate the property as directed. Also document that she refused to allow you to prepare your food in the kitchen, which was part of your rental agreement and what you were paying for.
Go to the first sticky thread in the Renting forum and read up on what your state laws say regarding the landlords obligations regarding the return of the security deposit. Many states require a written notice of deductions be provided in 30 days after ending the lease. If the landlord does not comply with that deadline he is not entitled to keep anything.
You may have to sue her in small claims court to recover the deposit.
Agree 100%. If you still have the receipt for going out to eat when she wouldn't let you use the oven, sue her for that, too.
Be sure you give her your forwarding address. Don't say anything about when she needs to send you your deposit. Wait until the time is up for her to send you the deposit and/or itemization of deductions. She probably won't do it, and then you sue her for the full deposit, as CptnRn said. You will win full deposit back automatically, if she doesn't follow that time frame allowed by law.
Here's another link regarding security deposit laws:
Send her a certified return receipt requested letter of your new address. If it comes back to you, keep it unopened for court. Also send her an email of your new address but as others said, just tell her this is your new address.
Unless your lease allows you to bring in an extra person (your husband), you have no case and are in violation of your lease. You actually cost the landlord more money in utilities. I suggest you move out and let it go.
Unless your lease allows you to bring in an extra person (your husband), you have no case and are in violation of your lease. You actually cost the landlord more money in utilities. I suggest you move out and let it go.
It was verbally agreed upon before signing the lease. In the future, I suggest it be out into writing.
OP, In fact does the lease prevent guests specifically?
The lease mentioned to discuss about overnight guests with the landlord and landlord will be in the position to allow / deny overnight guests. My husband's tickets were booked and hence, I knew his exact move in / move out dates. I talked to her about it even before signing the lease and she totally agreed to it.
If the lease gave you permission to use the appliances/utilities etc, it makes no difference how much you use the appliances.
Its idiotic to limit the use of a common appliance that you had full permission to use. Your husband coming and staying with you is also not a big deal and you shouldn't have to pay extra for that. It's perfectly allowable to have someone stay with you. Leases usually spell out how long guests can stay without being considered tenants.
Good luck dealing with Psycho. If you gave notice and paid your rent left the place as clean as you got it she should give you your money back.
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