Who is at most fault, my landlord or me? I'm hoping to get my deposit back.?

Question

In May of 08 my landlord came into my apt at 9pm w/o any kind of notice (not even a knock on the door!) At that time I was almost asleep in bed whent I heard noises. Being only half dressed and half awake I was too scared to make it known I was there.

The next day I called him to let him know what he did was wrong via voicemail. And after that he never answered or returned my calls for over 6 months. So I got a dog, against my lease terms.

Now that I've been on a month to month basis for the past 5 months I'm ready to move out and I want to get my deposit back. Will I have a chance or any grounds to fight for it since it's been so long since he violated the lease?

Answer 1

Who do mean violated the lease the landlord or your dog? I think you violated the lease and got a dog you are responsible. As for the landlord entering the apartment they have every right. And if this happened in May how could he not have answered the phone for 6 months, it only been 3 months since May. Grow up if you want to play house. You sound immature. I wouldn't give you a dime

Answer 2

Both of you are at fault. If it came to court I believe you would win, but you will have to get rid of the dog. Luck.

Answer 3

When he entered your home you should have addressed the violation of the lease at that time.  Violating the lease yourself by getting the dog is not the answer.

None of this seems to matter at this time.  If the lease is up and you are on a month to month basis you simply need to let him know in writing when you will be leaving and where he can forward the deposit to.  He cannot refuse to return your deposit just because of the dog - just like you should have addressed him coming in, he should have addressed the dog by asking you to get rid of the dog or move.

He can however withhold all or a portion of the deposit if there is damage to the apartment - caused by the dog or by you.  Check your state's laws regarding tenant/landlord laws and how long he has to return the deposit or send you a written statement regarding why it is not being returned.

Answer 4

This is the classic case of two wrongs not making a right.  You informed him of your issue with his entry at an inappropriate hour.  He didn't respond but apparently he never did it again.  How in the world does that excuse you violating your lease and getting a dog?  The best you can do is give a 30 day notice and ask your landlord to come by for an inspection so you will know if there are any problems to justify holding your deposit.  Maybe he doesn't know you have the dog.  (It probably would be a good idea to not have the dog there when he comes).

Next time, please do not use another's  error as an excuse to do something you know is wrong.  

Answer 5

i think u should just leave and not worry about your deposit, even though he should have given u notice about coming into your apt, you've violated ur lease by getting a dog....which isnt permitted on ur lease...suck up the loss of your deposit and just move

Answer 6

well i would not fight it because if he knows you have adog he could turn around and keep it plus sue for breaking the lease by getting a pet. what he did was wrong but you a: have no proof and b: its been to long

Answer 7

month to month means he can evict you when ever the the mood hits. you should have filed a police report against him for unlawful entry and trespassing. I doubt if you can get your deposit back. you should move and get a lease that is year to year not month to month.

Answer 8

how do you know it was your landlord if you didnt make your  presence known

seems fishy

your wrong you broke your lease terms you wont  get a cent back

yes he was wrong too but you should have pulled on some pants  and walked out there

your story is full of lies may of 08 was 3 months ago not 6 get your lies straight