Landlord issues with deposit

The other day I found out that the girl from downstairs that moved over 7 weeks ago has not gotten back her deposit yet. She left the place in good condition. The landlord is Navy reserves and in Afghanistan right now. He is NOT in a combat MOS. I believe he has time to be able to at least talk to his wife to get things done properly. She is out of state. I believe, legally I can request a walk through prior to moving out...Interestingly he has also been trying to sell the building for months. I have had to deal with many people walking through. I wish that someone had purchased it so I wouldn't have to deal with him anymore! There is no property management, I pay the gardener and also had to have the gas turned on for the apartment downstairs because there is only one water heater. We found this out after not having hot water for a few days. I take it out of the rent. Still BS though, he should of hired a property management company before going overseas.

My fear now is that I may be moving soon and I won't get my deposit back either. I believe he will be gone another 10 months. Also how can I get a walk through? To estimate anything taken out of my deposit. My possible move out date lands 15 days after the 1st so I would only owe him half the rent. I considered not paying that half. I would still give 30 days notice. But he would still have $1000 of my deposit. What should I do??

 

Where I'm from, deposit = last month's rent. Just stop paying.

 

Check state law. In NV the landlord had 30 days to get you either your money back, or if they used your deposit for cleaning, copies of all receipts showing where your money went. I had a landlord try to keep mine and say we trashed the house... I had pictures that proved otherwise.

 

Wish it was that easy, if I stop paying. He will still have $1000 of my deposit. I am already paid through the month because I just found out I may have to move. Since I would stay till Oct.15 I will only owe $500 for rent. Gave $1500 deposit because of pets.

 

Sounds good, I was planning to take pictures to prove I left the place in good condition. Also keeping the receipts paid to gas and gardener.

 

I always insist that my renters take a video with something in the background that proves date to not only protect them, but me as well. I also will issue a check the same day as receipt of the keys and with utilities deducted matching their last bill (as per agreement with renter).

Look at your agreements in regards to your rights. Should be as an attachment with your contract.

 

Play by the rules, take photo's of things, keep receipts, Don't take the law into your own hands. Judges hate that. You might have to wait a while for your deposit, but you should get it at some point.

 

If you've ever deployed you know things get missed, he is serving the country and he or his wife may have over looked something. If she contact his wife and she says other wise then I would worry. There is no one else in the office to take care of you? the husband is over seas and the wife is gone? who takes care of the property while they are gone?

 

Where I am from, deposit <> last months rent. If you don't pay the last month then you are in breach of contract, you get sued for the last month AND you lose the deposit. I believe in following the rules, however safety deposit isn't anything you ever can count on, sorry to say. You are really betting on the honesty and character of the deposit holder being honest about your place, and fairly considering normal wear and tare.

 

I am usually very understanding in regards to people deploying. But this guy lied from day one of becoming my landlord. He also had months knowing he was deploying, even the agent told me he received the paperwork for property management two months before he went overseas he just never signed it. There is no office, no property management, if something goes wrong I have to find out what to do on my own, for things like plumbing...Nobody is taking care of the property but myself, the tenant. He is lucky I try to do the right thing and maintain the place, watering the lawn, trimming the trees and such....

The only reason I even signed a lease with him to begin with was because of him being military, thinking he would be a person of integrity. He even told the agent trying to sell the building to not tell me he was deploying so I wouldn't move I guess. Why not just be honest? i would of understood because I have had to deploy myself. He has no excuse for not returning the deposit for almost two months now to the other tenant that already moved. She has contacted him several times...The only time he has responded to any of us is when the agent had an offer from a buyer to buy the duplex which didn't work out.

 

that was a bit of left out info, like everyone else said take pics and such. and legally if you leave and he is not there to give reason for your deposit being held you should go to small claims court and get it back with all your pics and documentation. Its his fault for not having someone managing the property.

 

BTW, He also volunteered to go on this deployment many months before it actually happened.

 

Is he kicking you out? You said that you fear you may be leaving. If so, how is he kicking you out? His wife told you verbally? Through written notification? He needs to give you 30 days notice. Anything sooner than that can only be forgiven if there is a family member of the owner moving it or it is being taken for personal use.

 

again i dont think voluntary deployment is an issue. the issue is he didnt say anything...

 

X2

 

No, I may be moving into a new place. I will know soon whether I will get it. Will still give 30 days notice. I believe I said I fear I may not get my deposit back.

 

Understood. Just mentioned it because he had plenty of time to get things done properly.

 

I'm sorry, I think I wasn't clear. Are you moving out on your own accord or are you being asked to move?

If you are being asked to move, the above post applies. If you are moving on your own accord, then if you gave 30 days notice, he needs to supply you with your deposit according to results of the walk through. If he does not issue you the refund with a reason then I suggest you give a written notice to him requesting such. After 30 days of no response then you can take him to small claims court.

Keep in mind that in court they will ask you if you have adhered to your end of the agreement and given a written request to the landlord.

 

Sorry my fault for not being clear. I am moving because I want to.
Would an email work? Giving my 30 days notice through email??
I'm also not sure who will do the walk through since he obviously can't be here and his wife is out of state...

 

Landlords will find any excuse or reason not to give your deposit back. Even for a burned out light bulb. Be prepaired for small claims court. Good luck.