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August 24, 2009 at 5:20 PM in reply to: Should I go after my previous landlord for my security deposit ? #448993August 24, 2009 at 5:20 PM in reply to: Should I go after my previous landlord for my security deposit ? #449181
urbanrealtor
Participant[quote=DataAgent]Since you terminated the lease extension early, you should feel lucky all the landlord wants is your security deposit.
To fully terminate your lease, you should writeup some sort of early termination agreement with both of you signing the document. The document should say something like “In exchange for retention the security deposit, the landlord fully releases you from the lease extension dated 05/01/2009 etc etc.” Without a termination agreement you still owe all rents up to June 2010 less the security deposit.[/quote]
The landlord has 21 days to give you your full deposit minus deductions which must be itemized.
So he has not (yet) violated that regardless of what he has said verbally.
He can deduct for the rent he lost while trying to find a new renter. If that amount equals your rent and if he documents that in the statement he sends (which must be in writing) then cool.
If the situation interfered with your quiet enjoyment of the premises (sounds like it did), then the lease was broken before you moved out. Proving that is easier if you can document that you tried to get him to remedy this problem with the neighbors.
Your best bet is to send a letter or email re-stating the terms of the lease and asking for your deposit back (since his inaction regarding habitability and quiet enjoyment effectively broke the lease). Remind him that you are not seeking damages for breach of contract but that could change…
If he tells you to fuck off and does not give you an accounting of the deductions, then small claim his ass. Seriously, the accounting is a requirement for any rental situation in our great state.
Most landlords are tools (in my professional experience) and assume that renters are wimps (and act accordingly). They are usually right.
ParticipantYou are welcome.
Good luck.
ParticipantYou are welcome.
Good luck.
ParticipantYou are welcome.
Good luck.
ParticipantYou are welcome.
Good luck.
ParticipantYou are welcome.
Good luck.
ParticipantHere is some practical advice for checking out a rental situation and not getting screwed.
Rental agent:
If you are renting from a rental agent, look them up at http://www2.dre.ca.gov/PublicASP/pplinfo.asp If it is a big company, and you have just some temp as your point of contact, look up the company on that site.Unlicensed/informal agent:
If it is an informal rental agent (like the dude helping you says he is just a friend or something), ask to see something (like an agreement) showing that he is authorized to find a renter and have him show you his ID. Then check to see that the names match (see below for ownership look up). This is less important with licensed agents since their info is public record.Owner:
If it is an owner who is your contact, check the ownership records with the county recorder website or ask a Realtor to look it up.Good luck dude.
ParticipantHere is some practical advice for checking out a rental situation and not getting screwed.
Rental agent:
If you are renting from a rental agent, look them up at http://www2.dre.ca.gov/PublicASP/pplinfo.asp If it is a big company, and you have just some temp as your point of contact, look up the company on that site.Unlicensed/informal agent:
If it is an informal rental agent (like the dude helping you says he is just a friend or something), ask to see something (like an agreement) showing that he is authorized to find a renter and have him show you his ID. Then check to see that the names match (see below for ownership look up). This is less important with licensed agents since their info is public record.Owner:
If it is an owner who is your contact, check the ownership records with the county recorder website or ask a Realtor to look it up.Good luck dude.
ParticipantHere is some practical advice for checking out a rental situation and not getting screwed.
Rental agent:
If you are renting from a rental agent, look them up at http://www2.dre.ca.gov/PublicASP/pplinfo.asp If it is a big company, and you have just some temp as your point of contact, look up the company on that site.Unlicensed/informal agent:
If it is an informal rental agent (like the dude helping you says he is just a friend or something), ask to see something (like an agreement) showing that he is authorized to find a renter and have him show you his ID. Then check to see that the names match (see below for ownership look up). This is less important with licensed agents since their info is public record.Owner:
If it is an owner who is your contact, check the ownership records with the county recorder website or ask a Realtor to look it up.Good luck dude.
ParticipantHere is some practical advice for checking out a rental situation and not getting screwed.
Rental agent:
If you are renting from a rental agent, look them up at http://www2.dre.ca.gov/PublicASP/pplinfo.asp If it is a big company, and you have just some temp as your point of contact, look up the company on that site.Unlicensed/informal agent:
If it is an informal rental agent (like the dude helping you says he is just a friend or something), ask to see something (like an agreement) showing that he is authorized to find a renter and have him show you his ID. Then check to see that the names match (see below for ownership look up). This is less important with licensed agents since their info is public record.Owner:
If it is an owner who is your contact, check the ownership records with the county recorder website or ask a Realtor to look it up.Good luck dude.
ParticipantHere is some practical advice for checking out a rental situation and not getting screwed.
Rental agent:
If you are renting from a rental agent, look them up at http://www2.dre.ca.gov/PublicASP/pplinfo.asp If it is a big company, and you have just some temp as your point of contact, look up the company on that site.Unlicensed/informal agent:
If it is an informal rental agent (like the dude helping you says he is just a friend or something), ask to see something (like an agreement) showing that he is authorized to find a renter and have him show you his ID. Then check to see that the names match (see below for ownership look up). This is less important with licensed agents since their info is public record.Owner:
If it is an owner who is your contact, check the ownership records with the county recorder website or ask a Realtor to look it up.Good luck dude.
Participant[quote=JohnAlt91941]
Why do you think they “go bananas”? It’s not logical to buy a house that costs WAY more to buy than rent. If it doesn’t pencil out as a rental then why the demand?
To me it’s just bubble conditioning. People think buying at 30% or so off the peak is a great deal. Never mind that it’s still double the price of 12 years ago.[/quote]
Probably because it doesn’t cost way more to buy than rent at 15GRM.
Lets take an example:
If the property (as above) rents for 1500 per month, then that is 18000 per year.
15 GRM would make the purchase price $270,000.
An 80% loan would mean that a buyer would be paying less than $1300 P&I.
Thats assuming 6% as an interest rate (which would be high).
Throw in another 300 or so for tax and insurance and the numbers make sense.This does not yet take into account mortgage interest deductions and government purchase incentives (which make yet more sense).
Participant[quote=JohnAlt91941]
Why do you think they “go bananas”? It’s not logical to buy a house that costs WAY more to buy than rent. If it doesn’t pencil out as a rental then why the demand?
To me it’s just bubble conditioning. People think buying at 30% or so off the peak is a great deal. Never mind that it’s still double the price of 12 years ago.[/quote]
Probably because it doesn’t cost way more to buy than rent at 15GRM.
Lets take an example:
If the property (as above) rents for 1500 per month, then that is 18000 per year.
15 GRM would make the purchase price $270,000.
An 80% loan would mean that a buyer would be paying less than $1300 P&I.
Thats assuming 6% as an interest rate (which would be high).
Throw in another 300 or so for tax and insurance and the numbers make sense.This does not yet take into account mortgage interest deductions and government purchase incentives (which make yet more sense).
Participant[quote=JohnAlt91941]
Why do you think they “go bananas”? It’s not logical to buy a house that costs WAY more to buy than rent. If it doesn’t pencil out as a rental then why the demand?
To me it’s just bubble conditioning. People think buying at 30% or so off the peak is a great deal. Never mind that it’s still double the price of 12 years ago.[/quote]
Probably because it doesn’t cost way more to buy than rent at 15GRM.
Lets take an example:
If the property (as above) rents for 1500 per month, then that is 18000 per year.
15 GRM would make the purchase price $270,000.
An 80% loan would mean that a buyer would be paying less than $1300 P&I.
Thats assuming 6% as an interest rate (which would be high).
Throw in another 300 or so for tax and insurance and the numbers make sense.This does not yet take into account mortgage interest deductions and government purchase incentives (which make yet more sense).
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