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Renter's refund of deposit
Posted on 5/20/22 at 1:20 pm
Posted on 5/20/22 at 1:20 pm
A friend of mine fell on some hard times and had to rent a shack called an apartment.
Of course there was a lease/contract and an upfront deposit.
Times are getting better for him and he is moving out.
Of course, the landlord wanted them to resign the lease because the lease has expired.
The place would not make repairs and the other tenants were not that great.
He basically told them he was moving out and was not renewing the lease.
Now the idiot is threatening to hit them with extra charges and loss of the deposit.
I have told him to leave the place clean and spotless. Take pictures and make sure all terms of the lease have been fulfilled. Go through the place with the landlord and have everything notated.
I have suggested that if the landlord does not refund their deposit and adds extra charges, that he should take them to small-claims court.
This is in north Louisiana.
Is there some kind of commission or board that the person can go to?
What legal recourse does this person have?
Of course there was a lease/contract and an upfront deposit.
Times are getting better for him and he is moving out.
Of course, the landlord wanted them to resign the lease because the lease has expired.
The place would not make repairs and the other tenants were not that great.
He basically told them he was moving out and was not renewing the lease.
Now the idiot is threatening to hit them with extra charges and loss of the deposit.
I have told him to leave the place clean and spotless. Take pictures and make sure all terms of the lease have been fulfilled. Go through the place with the landlord and have everything notated.
I have suggested that if the landlord does not refund their deposit and adds extra charges, that he should take them to small-claims court.
This is in north Louisiana.
Is there some kind of commission or board that the person can go to?
What legal recourse does this person have?
17
Posted on 5/20/22 at 1:27 pm to Reubaltaich
Louisiana Real Estate Commission governs the landlord if they are licensed but the Board will focus on proper notices regarding who gets the deposit, escrow accounts, etc. Ultimately, it is going to be a contractual issue and the Broker makes an interpretation of those contracts.
If landlord owns the property then it’s civil and no licensing board has jurisdiction.
If landlord owns the property then it’s civil and no licensing board has jurisdiction.
Posted on 5/20/22 at 1:33 pm to Reubaltaich
Save any kind of communication where the landlord is threatening loss of deposit. Re-read the lease and make damn sure you've fixed anything it says you can be charged for. Once he cleans out the apartment, take pictures of every room, wall, floor, etc. from multiple angles. If he has the checklist of the apartment condition when he moved in, that helps too.
Posted on 5/20/22 at 1:37 pm to Reubaltaich
What does the itemized list of damages look like?
Posted on 5/20/22 at 1:38 pm to Reubaltaich
Usually, its stated in the lease that the renter must give x amount of days notice if moving, even if lease is expiring.
Posted on 5/20/22 at 1:39 pm to Reubaltaich
He shouldn’t have got that damn cat!
Posted on 5/20/22 at 1:39 pm to Reubaltaich
I've been renting since I was 18, about 10 years now.
I've gotten my deposit back in full a few times, but most of the time they take some BS charge and I'll get anywhere from 50-70% back. I've only not gotten a deposit back one time.
If you rent, consider that deposit gone and be thankful when it comes back to you. You can always go to small claims court, but that sounds like a goddamn headache.
I've gotten my deposit back in full a few times, but most of the time they take some BS charge and I'll get anywhere from 50-70% back. I've only not gotten a deposit back one time.
If you rent, consider that deposit gone and be thankful when it comes back to you. You can always go to small claims court, but that sounds like a goddamn headache.
Posted on 5/20/22 at 1:47 pm to Reubaltaich
Research the laws. Depending on the state a landlord may be required to do very specific things in order to keep a deposit.
I got a deposit returned in full because of this. He probably had an argument for keeping a very small portion of my deposit, but he forfeited that right by not following the law.
I got a deposit returned in full because of this. He probably had an argument for keeping a very small portion of my deposit, but he forfeited that right by not following the law.
This post was edited on 5/20/22 at 1:48 pm
Posted on 5/20/22 at 2:00 pm to Reubaltaich
Landlords don't return deposits. It's a scam and they should call it something else.
Posted on 5/20/22 at 2:26 pm to Reubaltaich
La. Law provides for attorney fees in these types of cases, so sometimes you can find a hungry young lawyer willing to pick up the fight on behalf of someone who is owed their deposit back. I once new a guy who kept his lights on for a couple years doing these type cases until his practice took off
Posted on 5/21/22 at 3:57 pm to Reubaltaich
Absolutely no phone calls to landlord with disparaging remarks, same goes for letters or emails.
My mother in law had a lawyer tenant in NOLA some years ago. She rightfully withheld deposit because the idiot BBQ'd in the apartment leaving soot on every wall and ceiling.
The former tenant left a lot of nasty messages which she recorded on an old school tape answering machine. She made copies and had a meeting with the managing partner of his employer. He was fired that day.
My mother in law had a lawyer tenant in NOLA some years ago. She rightfully withheld deposit because the idiot BBQ'd in the apartment leaving soot on every wall and ceiling.
The former tenant left a lot of nasty messages which she recorded on an old school tape answering machine. She made copies and had a meeting with the managing partner of his employer. He was fired that day.
Posted on 5/21/22 at 4:35 pm to Reubaltaich
Louisiana Revised Statute 9:3251, etc., known as the Lessee's Deposit Act.
§3251. Lessee's deposit to secure lease; retention by lessor; conveyance of leased premises; itemized statement by lessor
A. Any advance or deposit of money furnished by a tenant or lessee to a landlord or lessor to secure the performance of any part of a written or oral lease or rental agreement shall be returned to the tenant or lessee of residential or dwelling premises within one month after the lease shall terminate, except that the landlord or lessor may retain all or any portion of the advance or deposit which is reasonably necessary to remedy a default of the tenant or to remedy unreasonable wear to the premises. If any portion of an advance or deposit is retained by a landlord or lessor, he shall forward to the tenant or lessee, within one month after the date the tenancy terminates, an itemized statement accounting for the proceeds which are retained and giving the reasons therefor. The tenant shall furnish the lessor a forwarding address at the termination of the lease, to which such statements may be sent.
…
C. Paragraph A of this Section shall not apply when the tenant abandons the premises, either without giving notice as required or prior to the termination of the lease.
§3252. Failure of lessor to comply; recovery of amounts by lessee; venue
A. The willful failure to comply with R.S. 9:3251 shall give the tenant or lessee the right to recover any portion of the security deposit wrongfully retained and three hundred dollars or twice the amount of the portion of the security deposit wrongfully retained, whichever is greater, from the landlord or lessor, or from the lessor's successor in interest. Failure to remit within thirty days after written demand for a refund shall constitute willful failure.
B. An action for recovery of such damages may be brought in the parish of the lessor's domicile or in the parish where the property is situated.
§3253. Costs and attorney's fees
In an action brought under R.S. 9:3252, the court may in its discretion award costs and attorney's fees to the prevailing party.
For a plain English version, look up the Louisiana Attorney General’s pamphlet on landlord tenant laws.
§3251. Lessee's deposit to secure lease; retention by lessor; conveyance of leased premises; itemized statement by lessor
A. Any advance or deposit of money furnished by a tenant or lessee to a landlord or lessor to secure the performance of any part of a written or oral lease or rental agreement shall be returned to the tenant or lessee of residential or dwelling premises within one month after the lease shall terminate, except that the landlord or lessor may retain all or any portion of the advance or deposit which is reasonably necessary to remedy a default of the tenant or to remedy unreasonable wear to the premises. If any portion of an advance or deposit is retained by a landlord or lessor, he shall forward to the tenant or lessee, within one month after the date the tenancy terminates, an itemized statement accounting for the proceeds which are retained and giving the reasons therefor. The tenant shall furnish the lessor a forwarding address at the termination of the lease, to which such statements may be sent.
…
C. Paragraph A of this Section shall not apply when the tenant abandons the premises, either without giving notice as required or prior to the termination of the lease.
§3252. Failure of lessor to comply; recovery of amounts by lessee; venue
A. The willful failure to comply with R.S. 9:3251 shall give the tenant or lessee the right to recover any portion of the security deposit wrongfully retained and three hundred dollars or twice the amount of the portion of the security deposit wrongfully retained, whichever is greater, from the landlord or lessor, or from the lessor's successor in interest. Failure to remit within thirty days after written demand for a refund shall constitute willful failure.
B. An action for recovery of such damages may be brought in the parish of the lessor's domicile or in the parish where the property is situated.
§3253. Costs and attorney's fees
In an action brought under R.S. 9:3252, the court may in its discretion award costs and attorney's fees to the prevailing party.
For a plain English version, look up the Louisiana Attorney General’s pamphlet on landlord tenant laws.
Posted on 5/21/22 at 8:31 pm to Reubaltaich
I have one rental property and I always give deposits back in full, however, they always want it yesterday. Like, I haven't even looked at the house yet
Posted on 5/21/22 at 8:36 pm to Reubaltaich
Security deposits are given a fair amount of treatment in Louisiana law. Make sure your friend gives a forwarding address to the landlord and demands the full deposit or an itemized statement of any deductions. This immediately kicks off a 30 day period after which the landlord may owe penalties.
Posted on 5/22/22 at 7:55 am to Reubaltaich
Make sure the landlord gives a detailed description of the damage beyond normal wear and tear… also request receipts of the repairs materials and labor..
I have a rental and have held some of the damage deposits back and sometimes given full money back.
However I suspect you have a jerk landlord that just takes the deposit routinely or the tenant has a different opinion of what normal wear. I have experienced both.
Good luck
I have a rental and have held some of the damage deposits back and sometimes given full money back.
However I suspect you have a jerk landlord that just takes the deposit routinely or the tenant has a different opinion of what normal wear. I have experienced both.
Good luck
Posted on 5/22/22 at 8:08 am to Reubaltaich
If all else fails, flush concrete down the toilet and tell him to keep the deposit.
Posted on 5/22/22 at 8:11 am to Reubaltaich
Tell us what town at least.
Posted on 5/23/22 at 8:04 am to Reubaltaich
If you are vengeful put the name of the company on Facebook with pictures make it shareable and join every town related Facebook group and post the situation there and if it is a company review them on every site where they are listed.
This is how you win. Not the courts. Document all evidence.
This is how you win. Not the courts. Document all evidence.
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