Most renter's complaints start here. You notified the landlord you were moving, cancelled your utilities, found a new place and ordered the moving van (or a bunch of friends). Now you want their deposit back, but the check sent shows the landlord has deducted amounts that weren't explained upfront. Or were they?
To Protect Yourself And Your Deposit
In the beginning, lawyers were paid by the word. If you've ever had the chance (or misfortune, depending on your viewpoint) of having to read a Supreme Court decision or even a lease, you'll notice language that is no longer used by modern humans. Lawyers are notoriously bad writers, and slow to embrace the move towards "Plain English" for fear of liability. The problem is, lawyers write for other lawyers - not you.
This is where most managers, who don't understand the language either, get in trouble. They don't clearly explain what may be deducted from your deposit - or, may skip it entirely for reasons known only to them. Here's how to understand what your responsibilities are:
- Before signing your lease, have the landlord state clearly what deductions are typically made from the deposit upon move-out.
- Arrange for a time for you and your landlord to check the conditions of the apartment together. DO NOT LEAVE WITHOUT A WALK-THROUGH! Again, I cannot emphasize the importance of this enough. Do everything in your power to get this done with your manager.
- Be sure to have the apartment's condition put in writing before you leave. Use the Move-In checklist you filled out when you moved in. Make notes of everything.
- If you had your apartment professionally cleaned, SHOW THE RECEIPT to the landlord! This does not pre-empt a walk-through - get the manager over to your unit to inspect it anyway.
- Have the checklist signed and dated by the landlord or some witness, preferably an uninterested third party. Take pictures if you are worried about getting your damage deposit back or afraid of being held liable for damages to the apartment, which you did not cause.
- Return all keys to the manager to prevent being charged for changing locks.
Getting Your Deposit Back
Request your deposit in writing - state the amount and attach a copy of the lease or agreement you signed to the letter. Keep a copy of the letter for yourself. If the check is written for the wrong amount, do not cash the check. Cashing the check may be interpreted by the landlord as accepting that amount. If you must cash the check, sign the back with "in partial payment" written on it and beware that this may not insure you getting any more money back. If you paid to have it cleaned professionally, state this in your letter and attach a copy of the receipt for services. Most states require that deposits be returned within 30 days. This is why getting your manager to do a final walk-through is critical - don't get yourself into a "he said, she said" situation.
If you are unable to get your deposit back or if you received an amount less than you feel you are entitled to, and you have been unable to get the rest -- SUE. You can file a suit in Small Claims Court without an attorney. (Special Note: If you are in a low-income bracket, ask the Clerk for the Petition to Proceed As A Poor Person or a Low-Income Hardship Waiver. You'll need to prove your income so the judge can proceed with your filing. Most requests are approved.)
Can I Break My Lease?
That depends. By law, you must pay rent for the full term of the lease whether or not you continue to live in the apartment.
Sometimes certain circumstances force us to move before our lease is up. Recently, with the war in Iraq, many military personnel had to move out upon deployment -- and far too many are unaware of the special protections provided to them by the Soldiers and Sailors Credit Relief Act.
The best way to get out of your lease is to get your landlord to agree. If you do get your landlord to agree to let you out of your lease, get it in writing that they've agreed to terminate your lease. Otherwise, you could be faced with a lawsuit for non-payment of rent even though he or she told you it was okay.
The exact wording of your letter to your landlord is important to make sure you are completely released of any and all claims against you, which your landlord can make. In your letter state that you and your landlord agreed that you could break your lease, on such and such a date, and have him or her sign and date it.
Another way is asking your landlord if by showing or subletting the apartment, you can get out of your lease. This is convenient for the landlord as it saves them time showing and preparing your apartment for rent. However, this can open up a whole new can of worms, so read the information below carefully!
NOTE: Make sure the agreement is signed and dated by your landlord, yourself, and the new tenant. Be sure you keep a copy of it.
You can still be held responsible for the rent if:
- The other person who has agreed to take over your lease, but agrees to pay less rent than you did. If this is the case, make sure you are aware of it and that you pay the difference between what you originally agreed to pay and what the new tenant is paying.
- Even more important, you are probably still liable for the total rent during the term of your original lease if the new tenant does not pay. The landlord can sue either you or the new tenant, whichever the landlord chooses.
When you do sublet, assign or transfer your apartment, make sure to get the agreement in writing when you move out. Be sure to follow the checkout procedures in your move-in checklist to make sure you will only be charged for damages done while you were living there. The new tenants would be wise to follow the Move-In/Move-Out procedures as well.
In writing an agreement to sublet, cover all the above problems with a disclaimer that you will not be held responsible - have everyone involved sign it and date it. Your local library should have some legal books with generic disclaimers that you can use.
There are certain times in which you may be able to break your lease without your landlord's consent. Check with the Local Housing Authority before moving out. These special circumstances might include:
- If the apartment does not meet the state and local building codes, housing codes, health requirements, zoning ordinances, etc., a health or safety hazard may exist.
- In some such cases, the landlord may not legally rent an apartment. In California, an "apartment" - usually a guest house or garage space - cannot be rented if it has no kitchen or bathroom. Check the local housing office if you suspect this is the case. If such a situation exists, you should notify the appropriate officials; i.e., health department, code enforcement, etc.
- Do not move out because of unsavory conditions without first seeing an attorney. Just because there may be a housing code violation is not usually grounds for breaking a lease. Inspectors are very overworked and do not appreciate being called in to inspect your apartment when your only motive is breaking the lease rather than serious health and safety violations.
- You may also have a case for moving out if you have tried to sublet, assign or transfer your apartment several times and the landlord has refused to rent to these new tenants without good reason. In such a case, you should be sure to get the names, addresses and phone numbers of every person who was turned down. Again, see an attorney before you move.
The Last Word
One last note about documentation - this applies to all transactions. Informed consumers keep copies of every receipt, every letter, even notes on phone call complaints. Copies are powerful tools and not to be underestimated! Producing a copy of a letter, with dates, times and conversations, are looked upon by judges as concerted efforts to do good business. Do yourself a favor and make separate folders for:
- House or apartment repairs
- Car repairs
- Credit Card bills
- Product warranties (computers, appliances, flooring, etc.)
- Employment (job description, benefits, etc.)
You'll be surprised if you ever have the need to produce a bill, a letter of complaint, or a repair bill, how handy they are. Now you have the information to assist you in making an informed decision about renting. Congratulations, you have become an Informed Consumer!
