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Started By
Message
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 1:29 pm to cmlsu
Appreciate your real response and not just a "huhuhuh sucks to be poor." type of response that's usually posted on here.
Posted on 5/20/22 at 1:33 pm to Mr Poop
Did you forget to switch back to the other account?
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 1:40 pm to Ingeniero
quote:
If he has the checklist of the apartment condition when he moved in, that helps too.
That depends on how accurately it was filled out but it’s great advice to find it and review it.
Gather any documentation of repair requests. Video a walkthrough with the landlord.
Posted on 5/20/22 at 1:42 pm to Odysseus32
How much is the damage deposit?
Posted on 5/20/22 at 1:45 pm to Cromulent
quote:
Did you forget to switch back to the other account?
One is the "friend of his".
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 2:25 pm to armsdealer
I’m sure they left it spotless. I rent 4 trailers that are in great shape and every time a tenant moves out it is disgusting. Microwave has dried food all in it. Food on the floor, toilets never been cleaned. Piss all over it. Oh let’s not forget, no pets allowed if they don’t put up a pet deposit. Well of course dog and cat hair everywhere along with piss and shite on floors. Yard- trash everywhere. So I bet yo buddy didn’t leave it in great shape when he or she moved out. I have twice in 5 years returned the deposit back to the renters when they left. They actually cleaned the place and patched any holes in the walls. Very impressed with those tenants.
This post was edited on 5/20/22 at 2:27 pm
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 5/20/22 at 2:27 pm to armsdealer
quote:
Landlords don't return deposits. It's a scam and they should call it something else.
I've received my deposit at every place I lived once I was out of college. I'm also not an ANIMAL.
Posted on 5/20/22 at 2:28 pm to DeathValley85
In my state a tenant can sue for treble damages if a landlord improperly keeps a deposit. He might want to check the laws in his jurisdiction.
Posted on 5/21/22 at 2:39 pm to lsutigers0705
quote:
I’m sure they left it spotless. I rent 4 trailers that are in great shape and every time a tenant moves out it is disgusting. Microwave has dried food all in it. Food on the floor, toilets never been cleaned. Piss all over it. Oh let’s not forget, no pets allowed if they don’t put up a pet deposit. Well of course dog and cat hair everywhere along with piss and shite on floors. Yard- trash everywhere. So I bet yo buddy didn’t leave it in great shape when he or she moved out. I have twice in 5 years returned the deposit back to the renters when they left. They actually cleaned the place and patched any holes in the walls. Very impressed with those tenants.
So you went over there and seen the place??
Anywho.
I want to see my buddy to get back what is rightfully his who has fulfilled his end of the lease agreement with the landlord.
I know a lot of renters can be 'trashy' & do leave the rental property in not-so-good condition.
The rental-property owner has a horrible reputation and barely fixes any requests of the tenants.
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.
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