Questions about rental lease?

Question

Our former landlord's new wife (not so when we moved in) is being a big pain about returning our security deposit. We had a period of four months when we were not able to pay our rent due to my being out of work after a car accident while pregnant (baby and I are fine, thank you!). He worked with us, allowing us to stay. He and my husband spoke about the amount owed, and we paid him that amount as soon as I received a settlement. On the memo section of the check, I wrote that the check was for the rent due as well as for the late fees due. The check was accepted (in February), and nothing was said about a wrong amount being paid for late fees. She brings it up now when our security deposit is due to us. Do we owe additional money if HE agreed to a certain amount and the check was deposited without question? Also, the rental lease doesn't have a due date on it-that line was left blank when the lease was signed. Do we have a leg to stand on regarding due date/late fees? Thanks!

Answer 1

I have found that most landlords, if there is not an obvious reason to keep the deposit, they will FIND one!  There is a law, and it is punishable by law, that they are to put the deposit in an Escrow account until the end of your lease, and if they refuse to return it, then they MUST provide you a written list of reasons and what the money was applied to.  Which it cannot be for normal wear and tear on the home, it has to be for damages that are caused by your negligence.  Look up Landlord/tenant laws on google, I just recently went through something close to this.  If your landlord forgave your late fees and did not request something different than what you paid and he accepted, you would think that it was sufficient for him...

Answer 2

You might have a leg to stand on, actually.

First, does your lease set out any specific late fees for late payment of rent?   Or, do you have anything in writing other than the check showing payment of fees?    How were the late fees calculated?

Now, you say the due date was left blank, but obviously rent is due once each month, regardless, so it's probably safe to say that, even though no due date is filled in, if rent for April isn't paid by the 1st of May, it's late.  Make sense?

Second, have you been given anything in writing since you paid the arrears and the rent that states what the fees are?  

Third, usually landlords have a limited number of days to return a damage deposit and an accounting of any deductions taken from the damage deposit.  

I don't know where you live, but almost every state/province/city has some sort of laws regarding landlord and tenant rights, as well as a government agency or department to address questions, concerns or claims about these laws.  For example, here in Alberta, the law is called the Alberta Residential Tenancies Act and Service Alberta investigates complaints.   You should be able to find this information online by searching for your city/state and "landlord tenant laws".  Or check your local phone book for government agencies.

I would contact the correct branch of the government here to discuss what your rights and obligations are - they will give you the advice for free, and if necessary, should be able to file a claim on your behalf.

Good luck!

Answer 3

You can always take it to small claims court and see what happens.

I am not a lawyer but worked in apartment leasing many many years ago.

Each state is different on their rules and regulations, but being the date was left blank, that could make it a voided lease.

Maybe if you tell her your goinig to take her to court if you don't get it back, she will just give it back.

Pretty much you agreed to pay x amount each month and even though he accepted less, technically you would still owe the other unless you can prove otherwise. The contract would state x to be paid each month on x but since that one date is blank it may make it an invalid lease.

Answer 4

Do you in fact owe more in late fees?  You would know whether or not your late fees should have been higher.

What is in your favor is that in most states once a check is cashed it is considered payment in full unless otherwise noted.

If the landlord's wife is right and you should be paying a higher late fee then I think you need to look at this situation ethically.

The landlord was being very generous and compassionate by deferring rent payments for 4 months.  While you were not paying rent he was losing interest and still had his own expenses to take care of.  Regardless of the fact that you made a notation on the check and that your husband had some kind of a conversation this does not sound like a landlord who is trying to s***w you over.  While I believe in the concept of "fair is fair"  I don't believe in the attitude of " too bad so sad."

If the wife is right and you owe more in late fees then they are entitled to payment.   I think you should pay them especially given the fact that you could have been thrown out by a less understanding landlord.

Regarding the deposit, the landlord is obligated to return with interest (less cleaning costs) within 15 to 30 days.