Where's a lawyer when you need one?

[fuzzyoctopus]

I'm grumpy because my previous landlords have STOLEN our deposit and we are on the other side of the country and have no idea what to do about it.

We paid a full month's rent deposit when we moved in - $650.  The other couple who rented the other half of the house also gave a full month's rent deposit.  We have not gotten our deposit back and the landlord is not returning our calls.  The other couple says they did not get ANY of theirs back either but the landlords said all the money was used to clean the carpets when they moved out.  $650 to clean the carpets?  I don't think so.  They could replace the carpets in the apartment we lived in at least TWICE for that amount.

[stacer]

Yeah, no. Small claims. But of course, doing that from 3000 miles away is practically impossible, and would probably cost as much. $650 is a lot of money, even when you're not broke.

[Spriggan]

I had that happen with my last landlord, heck she even made me buy out my contract even though I didn't have one at the time with her.  It was just easier to pay her and get away then deal with the legal problems which would have cost more, I'm sure she could have made up reasons for not returning the deposit just like your old landlord would have.

Also if you go to Small Claims there really no way you'll ever see that money again, even if you win it's such a small amount no one will really be around to force them to pay.

[The Jade Knight]

That's one of the pluses of Québec - there's a department that deals with these sorts of issues.  If they don't repay the deposit, the government will shut them down and get them in trouble (though you have to work with that department of the government).  I'm unaware of anything of this nature in the States, however.

[fuzzyoctopus]

Since I know what ward they're in, and I'm under the impression they're active members of it, I'm thinking about writing a really polite letter to their bishop asking him to encourage them to be righteous in their business practices.

That's the only thing I can think of and it's pretty lame.  Voodoo would be cooler.  Or ninja monkeys.

[Skar]

Where are you now and and where do these landlords live?  In all seriousness, if they're local, I'd be willing to go talk with them face to face about it for you.

[The Lost One]

First, most states don't allow Landlords to keep an entire security deposit just to clean the carpets. In fact, most places can't take anything for cleaning the carpets as long as there is not anything more than normal wear and tear on the carpet. The security deposit doesn't go to the landlord so he can fix up the apartment for the next tenant. That is the landlord expense, not your's. Therefore, you need to find out from the landlord if there was any damage that you are being held liable for beyond normal wear and tear. Otherwise, you should get the entire deposit back. Most state give landlords about 30 days (at least that what it is under the Uniform Landlord-Tenant Act).

This is just the some general principles of law that I'm aware of and I'm not sure what jurisdiction is involved or if there are any specific state law that need to be considered. But it sounds like you have a crooked landlord that is trying get money that he hasn't earned. You can always report him to local authorities (like the BBB or the State Attorney General's office). Most states have an agency that tenants can work through to stop crooked landlords.

Final note, I am lawyer, but this is just general legal advice and should not be taken as if I am representing anyone.

[Mad Dr Jeffe]

Im not a lawyer either but I agree with the last post...
In VA there is a state requirement that Landlords must paint the walls, and clean the carpets before any new tenenant comes in. Its an out of pocket expense. Security deposit only covers damages to property... fist sized holes in walls and the like... and 650 bucks for a cleaned carpet is not only a lie, but very very wrong. And usually there is a state department that handles this sort of thing.


Now heres the word from the Utah Renters Handbook

If any part of the deposit is not refundable, it must be indicated in writing. When you move out, your landlord must return the refundable deposit or explain in writing why not. You must give the landlord a forwarding address in writing when you move out and keep a copy. You may need it if you have to go to Small Claims Court.

Your landlord can keep part or all of your deposit IF . . .

   * you owed rent;
   * you were responsible for damaging property;
   * your lease or rental agreement stated that when you moved, money could be deducted from the deposit for cleaning or other maintenance costs;
   * you broke the lease and owe the landlord money.

So check your lease... if it didnt specify that the money was deducted from you security deposit then you do this

If you can figure out how...

COLLECTING YOUR REFUNDABLE DEPOSIT IN SMALL CLAIMS COURT

After you move out, if your landlord fails to refund the refundable portion of your deposit within 30 days or fails to provide you with an itemized list of deductions, you may sue the landlord or manager for the deposit plus a $100 penalty in Small Claims Court. You do not need an attorney to file in Small Claims Court. You can file by simply going to the nearest justice or district court. Addresses are in the telephone book under County or State.

The clerk of the court will help you fill out the necessary papers. If you cannot afford the filing fee, ask the clerk for an affidavit to allow you to file for free. Ask the clerk how to get the papers served on your landlord. If the landlord is not served with the papers, the trial will be postponed. The clerk will tell you the date of your trial. Try to go watch a case before that.

On the day of the trial, arrive at the courthouse early and check with the clerk to find out in which courtroom your trial will take place. The judge will announce your case and ask if everyone is ready. If you have any questions, ask them then. You will take an oath swearing to tell the truth. Tell your story the best you can and present your evidence and witnesses. After the landlord has taken an oath and told their side of the story, the judge will make a decision called a judgment which will indicate how much is owing to whom. Either person can appeal within 10 days and get a NEW trial. The clerk of the court can assist you in collecting your judgment by explaining execution and garnishment procedures. Ask for help.

[Mad Dr Jeffe]

It looks like HUD is the agency to contact...

http://www.hud.gov/local/ut/renting/tenantrights.cfm

[fuzzyoctopus]

Where are you now and and where do these landlords live?  In all seriousness, if they're local, I'd be willing to go talk with them face to face about it for you.

Skar, we're in Ohio and they live in Mapleton, Utah.

Jeffe, I'll get out our contract and check to see specifically if it lists that any money can be taken out of the deposit. I do not believe it does, but it's been 6 months or so since I last looked at the contract.

[The Jade Knight]

Im not a lawyer either but I agree with the last post...

Actually, he is a lawyer.

[Mad Dr Jeffe]

I misread... my humble apologies

Oh and you may want to run it by our boards lawyer, but I think you could give someone power of attorney to act on your behalf in court.
Considering you moved to Ohio.
if it came to that.

[The Lost One]

Quick reply to the last post.
Power of attorney is not going to work if you need someone to represent you in court. A power of attorney just allows someone to make certain decisions on your behalf (usually with regards to estate planning) but that person can't represent you in court. Only licensed attorneys can represent other people in court. You might want to check to see if there is a fee shifting statute to cover any attorney fees.

However, before going to court, I suggest you attempt to settle things. Make sure you let your landlord know that you know what Utah law is. Quote the renters handbook to him. Then let your landlord know that you aren't going to be push aside. Sometimes it helps to have an lawyer call on your behalf because lawyers have experience with getting settlements and when a lawyer is involved it lets people know you are serious. Either, don't let you landlord just walk away without dealing with this.

[sweet_daisy_dreame]

I've got a good one too that I may unfortunately just have to take ... I signed a lease with a roommate ... I have bad credit so I had to pay a deposit ... and she didn't! I called the office to find out when they would return the deposit to me ... they told me that it wouldn't be until she moved out. It doesn't seem fair or legal to me ... she signed a new lease with a new person. I requested to have them come and look at the place and repair any damage and do cleaning, but they still insist on not returning the money ... help??

[The Lost One]

I really can't comment much on this one without seeing a copy of the lease. Generally, you should get you're deposit when your lease ends and a joint lease ends when you left. However, it could be that you're former roomate had the lease and your where a subleasee, which probly means that you would might not get the deposit back until you're roomate's lease ends. Odds are thouigh, that you should get you're deposit back so start harassing your former landlord to get your deposit back and see what they say. Force them to prove their position on keeping your lease. Remember that most states have strict laws to punish landlords who keep a deposit that they are suppose to return.