Apartment Legal Question

[FRPLG]

Originally Posted by Gmanc711

That's pretty much my thing. Is they left the lease open for interpretation. They don't clearly define what written notice is/whats required. If it said in the lease that I had to provide " X apartments notice to vacate form" I would have zero case. They just said written notice. The only thing all parties had a signed agreement on is the lease; so I'm basing my case 100% off of that.

The only legal leg they have to stand on is the lease. In fact that is what they are trying to do. If they did not specify in the lease exactly what form then it is open to interpretation...but not JUST theirs. As you implied there is no documented legal contract requiring you to fill said form. The fact that they acknowledged your e-mail is sort of damning. They'd have been better off just saying they never got it. FD's question about email constituting "written notice" is a good one though. Perhaps in MD it isn't enough...although I'd be a little surpirsed.

Where the hell is Joe?

[mredskins]

Originally Posted by FRPLG

I'm pretty sure they have to be more concrete about it. It is not just up to them what constitutes official written notice. IF there is a specific form I'd be surprised if they didn't have to specify so in the contract (lease).

True, I still think he dropped the ball by not getting the their letter their by 60 days and the way the Property Mgr is acting by not refunding it he probably doesn't have a leg stand on here. I am sure the rental company has been through this before.

[FRPLG]

Originally Posted by mredskins

True, I still think he dropped the ball by not getting the their letter their by 60 days and the way the Property Mgr is acting by not refunding it he probably doesn't have a leg stand on here. I am sure the rental company has been through this before.

Im also sure they count on people going with the "Just move on not worth the headache" approach.

Just because they do it doesn't mean it is kosher.

[MTK]

Just take a baseball bat into the office and start swinging. That should get some results pronto.

[MTK]

Unless the lease specifically spells out what constitutes notice, I think he has some ground to pursue here.

[FRPLG]

$400 seems like enough money for them to worry about.

[over the mountain]

i dont pretend to know landlord tenant law but id send a certified ltr laying out that they are unlawfully witholding and refusing to return your security deposit and if they do not return your full sec deposit within 2 weeks you will file a claim wth smnall claims or L&T and will seek three times the full amount of the sec deposit plus add'l damages you are entiteld to (int, atty fees, costs).

1) they cant withold or use your security deposit for anything other than security deposit purposes. i wouldnt think they can withhold or apply sec deposit money for rent under any circumstances.

many many landlords used to unlawfully withhold sec deposits so ppl like us just give up fighting for it bc its not worth it

2. if you gave them notice in writing (email or otherwise) and they acknowledged receipt of it = you should win in small claims if the contract does not specify what constitutes "written notice". if the contract does not contain any definitions then you apply the reasonable andnnormal meaning of "written notice" which to me means email, letter etc just nothing verbal.

either way, the co is just trying to screw you out of money hoping you wont complain bc they probably make a ton of money over ppl just forfeighting their sec deposit.

under md law you may be able to get costs and interest as well. id evcen ask teh judge for comp for tie off work going to court.

here is some helpful langugage . .
The landlord must return a tenant's security deposit plus interest, less any damages rightfully withheld, within 45 days after the tenancy ends. If the landlord fails to do this without a good reason, you may sue for up to three times the withheld amount, plus reasonable attorney's fees.

If the landlord withholds any part of your security deposit, he or she must send you a written list of damages, with a statement of what it actually cost to repair the damages, by first-class mail to your last known address within 45 days after you move out. If the landlord fails do this, he or she loses the right to withhold any part of the security deposit.

http://http://www.oag.state.md.us/Co...s.htm#deposits

[Gmanc711]

Originally Posted by over the mountain

i dont pretend to know landlord tenant law but id send a certified ltr laying out that they are unlawfully witholding and refusing to return your security deposit and if they do not return your full sec deposit within 2 weeks you will file a claim wth smnall claims or L&T and will seek three times the full amount of the sec deposit plus add'l damages you are entiteld to (int, atty fees, costs).

1) they cant withold or use your security deposit for anything other than security deposit purposes. i wouldnt think they can withhold or apply sec deposit money for rent under any circumstances.

many many landlords used to unlawfully withhold sec deposits so ppl like us just give up fighting for it bc its not worth it

2. if you gave them notice in writing (email or otherwise) and they acknowledged receipt of it = you should win in small claims if the contract does not specify what constitutes "written notice". if the contract does not contain any definitions then you apply the reasonable andnnormal meaning of "written notice" which to me means email, letter etc just nothing verbal.

either way, the co is just trying to screw you out of money hoping you wont complain bc they probably make a ton of money over ppl just forfeighting their sec deposit.

under md law you may be able to get costs and interest as well. id evcen ask teh judge for comp for tie off work going to court.

here is some helpful langugage . .
The landlord must return a tenant's security deposit plus interest, less any damages rightfully withheld, within 45 days after the tenancy ends. If the landlord fails to do this without a good reason, you may sue for up to three times the withheld amount, plus reasonable attorney's fees.

If the landlord withholds any part of your security deposit, he or she must send you a written list of damages, with a statement of what it actually cost to repair the damages, by first-class mail to your last known address within 45 days after you move out. If the landlord fails do this, he or she loses the right to withhold any part of the security deposit.

http://http://www.oag.state.md.us/Co...s.htm#deposits

Good stuff. Thanks!

[JoeRedskin]

Originally Posted by FRPLG

Where the hell is Joe?

Using his incisive legal mind to rebuild a porch. I just got in and sore in all sorts of unfamiliar spots.

Generally , as I recall, everything overthemountain is pretty much spot on. Gmanc, how long is the lease? If I give u my email, can you PDF it to me?

[Gmanc711]

Originally Posted by JoeRedskin

Using his incisive legal mind to rebuild a porch. I just got in and sore in all sorts of unfamiliar spots.

Generally , as I recall, everything overthemountain is pretty much spot on. Gmanc, how long is the lease? If I give u my email, can you PDF it to me?

Sure, I'll send it over if you don't mind taking a quick look. Its 12 pages.

[firstdown]

When did $400 become not enough money to worry about. If your make 150g a year its a days pay. If you make 75 g its around two days work. I guess some here must make 500 g's to not worry about $400. Even if that's the case do you really want some little prick taken you for $400 because they want to twist the rules to fit their rip off. I'd be such a pain in their ass calling over and over again until they give you $600 just to leave them the hell alone. Take them to small claims court and make them pay for a lawyer and waste their time and money. I rent property and all they are doing it trying to take advantage of you.

I had this happen to me but I wanted to stay and they wanted my spot. I refused to leave and took them to court. Court ruled in my favor and gave me the extended year I needed.

[Gmanc711]

Originally Posted by firstdown

When did $400 become not enough money to worry about. If your make 150g a year its a days pay. If you make 75 g its around two days work. I guess some here must make 500 g's to not worry about $400. Even if that's the case do you really want some little prick taken you for $400 because they want to twist the rules to fit their rip off. I'd be such a pain in their ass calling over and over again until they give you $600 just to leave them the hell alone. Take them to small claims court and make them pay for a lawyer and waste their time and money. I rent property and all they are doing it trying to take advantage of you.

I had this happen to me but I wanted to stay and they wanted my spot. I refused to leave and took them to court. Court ruled in my favor and gave me the extended year I needed.

Thanks. She just emailed me back stating she checked with her "legal team" (no names) and that the lease is right, and I'm basically SOL.

So I am filing a complaint with the Montgomery County Department of Housing and Community Affairs, and they'll have someone investigate my complaint.

I mean I'm thinking the long run, I'm going to wind up getting stuck, but I'm going to fight it til the bitter end as long as it does not cost me additional money.

[firstdown]

I'm sure she had a legal team just sitting around waiting for her call and it probably went more like this. Hey boss there is some jerk on the phone and expects his deposit back. Boss, tell him you talked to your legal department and they said to go F himslef. Boss: Ok don't tell him in those words but you know we don't give back deposits.