In order to participate in the GunBroker Member forums, you must be logged in with your GunBroker.com account. Click the sign-in button at the top right of the forums page to get connected.
Options
Texas renter's rights question
Txs
Member Posts: 18,801
I was hit with this civil law question by an apartment renter, have no knowledge to supply an answer and don't have time to bother with asking an attorney. Any experienced info to pass along?
One month rent is required up front as a security deposit
The contract requires 30 days notice of intent to vacate or this security deposit will be forfeited.
Only two weeks prior to the lease agreement ending the landlord gives notice of a hefty rent increase upon renewal. The renter is unable to afford this and has to move.
Given these circumstances can the landlord retain the security deposit due to the renter failing to give 30 days notice?
One month rent is required up front as a security deposit
The contract requires 30 days notice of intent to vacate or this security deposit will be forfeited.
Only two weeks prior to the lease agreement ending the landlord gives notice of a hefty rent increase upon renewal. The renter is unable to afford this and has to move.
Given these circumstances can the landlord retain the security deposit due to the renter failing to give 30 days notice?
Comments
30 Days Notice for Security Deposit is pretty Standard. But.. if there is a circumstance that the Landlord done to profit .. they may not keep the S.D. Now in SC the Landlord must provide the Tenant with an itemized list of damages for the S.D. That must be mailed to the Tenants last known address or the Tenant can provide the Landlord with a forwarding address. IF the Landlord fails to send the letter... well the Tenant has a recourse for the Security Deposit. They take the Landlord to court and they will be awarded triple damages or three times rent.
Actually it could be construed as a constructive eviction. Landlord using power to remove the tenant and profit. Tenant has reason to move the agreement changed.
Two part question. Most standard in all 50 states but check your state. Upon any change of the agreement the Landlord must give the tenant 30 days notice of the change. Say it is mid month.. it is not enforceable. In SC if the Tenant does not like the change.. say a raise in rent, they can contest that raise by notifying the Landlord they question that raise of rents. Then it goes in front of a Magistrate. Tenant has 30 days to absorb the change to see if they like it by law. If not then they can contest.
30 Days Notice for Security Deposit is pretty Standard. But.. if there is a circumstance that the Landlord done to profit .. they may not keep the S.D. Now in SC the Landlord must provide the Tenant with an itemized list of damages for the S.D. That must be mailed to the Tenants last known address or the Tenant can provide the Landlord with a forwarding address. IF the Landlord fails to send the letter... well the Tenant has a recourse for the Security Deposit. They take the Landlord to court and they will be awarded triple damages or three times rent.
Actually it could be construed as a constructive eviction. Landlord using power to remove the tenant and profit. Tenant has reason to move the agreement changed.
Basically spot on Gary. If there is damage, you MUST itemize the damages and repairs down to the last screw or nail. Not just fixed a hole in the wall, but tape, Spackle, paint, sandpaper and so on. I know this all too well[;)][}:)][:(!] If not, you WILL lose and have to return the SD. Yes, 30 days is required for any changes to rent and or eviction here in NJ also.
The walkthrough was conducted and no damage is being alleged by the landlord. They're saying the deposit is forfeited based solely upon insufficient notice to vacate.
So is a landlord allowed to give notice of a ~18-20% rent increase only 14 days prior to their six month lease period ending, then refuse to return the renter's security deposit because 30 days notice to vacate wasn't given? Is a landlord required to give at least the same number of days notice of rent increase that the renter must give before vacating.
Seems to be a crooked way of doing business, but is it legal?
If it makes any difference, the landlord has already supplied this former renter with a solid reference letter for them to obtain a new place. Zero late rent issues, property damage, etc.
The landlord also told this renter a new tenant is standing by in the wings waiting to move in.
If it's legal, then you can't say that the landlord is "crooked"; you can say that he is "not nice".
Some localities have a government rental office that issues permits to rent; if that is the case, they may be willing to resolve the dispute. If not, court is the only recourse, & the renter is likely to recover the deposit.
Neal
Your input is appreciated, but let me simplify things.
The walkthrough was conducted and no damage is being alleged by the landlord. They're saying the deposit is forfeited based solely upon insufficient notice to vacate.
So is a landlord allowed to give notice of a ~18-20% rent increase only 14 days prior to their six month lease period ending, then refuse to return the renter's security deposit because 30 days notice to vacate wasn't given? Is a landlord required to give at least the same number of days notice of rent increase that the renter must give before vacating.
Seems to be a crooked way of doing business, but is it legal?
If it makes any difference, the landlord has already supplied this former renter with a solid reference letter for them to obtain a new place. Zero late rent issues, property damage, etc.
The landlord also told this renter a new tenant is standing by in the wings waiting to move in.
Mr. Landlord has gotten too big for his britches. He cannot change a 6 month lease as long as it has not expired during that time. Their rent current? Yes Landlord must give a 30 day notice to Tenant for any changes in the agreement. Then the tenant must agree. One party cannot change that lease agreement. Both must agree. I might also add if this is a rental complex or multiple tenants in the same place..
All tenants must have their rent raised the same %. If he singled out this Tenant the Judge will have him for lunch.