Renting... What a Pain.. The landlord has decided to stop renting and not return deposit?

Question

So here is the deal.. Me and my friend Dana rented 2 rooms from a landlord... Its a 4 level backsplit and we have the top 2 floors, the 3rd bedroom in our half was un-rented. We found a 3rd tenant (Adrian) like the landlord wanted (in May), and he put down his 400 dollar deposit to hold the room and some of his furnature until he moved in september 1st.. Now, as of july (for aug 1st), Me and Dana have decided to move out, and the landlord says he is not renting anymore once we move out. So he wants Adrian out as well. So adrian is coming with me and Dana to our new house, but our landlord will not give adrian his whole deposit back, only 175 dollars of it.

Should the landlord give the entire deposit back since he no longer wants tenants (not brining up the "cant kick someone out" issue because adrian would not have wanted to live their alone) and adrian didn't use any electricity or utilies over the summer, or should he be able to keep the money as storage fee?

Answer 1

yes the landlord should give back the whole 400 since he is not renting to anyone else and has basically kicked the other person out..so u need to take him to the court house to get the money back

Answer 2

There are some states where unpaid rent can be witheld from a damage deposit.  See the State of MN's website:

http://www.ag.state.mn.us/Consumer/Housi...

You will need to determine what you agreed to in the lease.  Does the lease hold any of you responsible for paying the $225?  If not, you may be able to sue the landord for $225 in small-claims court.

Answer 3

You need to check the landlord/tenant laws in your state.  You didn't say if you have a written lease.  If you have one you should be covered by all the laws that pertain to the return of the security deposit.  For your purposes it is irrelevent that the landlord isn't renting the rooms out again.  The landlord has to give the deposit back based on damage done by all of you, not based on some whim of his.  Check the laws.

Answer 4

Deposits are for damage only, in everu jirisdiction I've come across.  Without any claim (or proof) of damage, he can't keep the deposit.  Period.

Contact your local landlord tenant organization, they can give you the ammunition to give ot the landlord to get it back.

Answer 5

Landlords are scumbags.  Not sure what state you live in, but that deposit should rightfully be returned, unless there is good reason....which you should make the landlord put in writing.  Have Adrian write a formal letter requesting the full amount of the deposit, with the threat to contact an attorney in the ending. The threat to contact an attorney usually does it.

Also....do you and your friends have a lease? And does the landlord have proper license to lease? Check into this because if no lease.....you might be entitled to recover ALL that you paid in rent. (No legal lease means no legal right to collect rent money.) Again, I don't know what state you live it but you can google "landlord tenant" issues for your state to get a good idea of what is required for a landlord, especially in holding a deposit. If there's no lease......find a lawyer!!