Can Landlords Do This? Vol. Shady Landlord?

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Jan 25, 2004
My gf has been living in an apartment by herself for the past year that's owned by a couple (it's an apartment complex where each individual unit is actually owned by someone, and I'm sure most units are rented out cuz it's near a college). She just moved out of her apartment sometime during the later half of May. Her lease was up on June 1st. She gave them about a month and a half's notice that she may not be renewing her lease because of her job situation. She decided not to renew her lease. GF just got hit with an email from the landlord saying they are not wanting to return her full deposit because they could not find a new tenant to take over right after the lease.

My gf is certain the contract doesn't state anything about the landlord keeping the security if they can't find a new tenant to renew the lease right away. She gave them a month and a half's notice (during mid April) about the possibility of not renewing the lease. She even gave permission for them to post advertisements for the apartment. Unfortunately, most of the conversations about these details with the landlord was made over the phone, but she's trying to recover any conversations via email.

Now, I've gone through living in four different apartment complexes during my college years, and I've never heard of anyone's deposit not being returned because of a new tenant not being found right away. This just sounds like a load of BS coming from salty landlords. I dno if it matters, but pretty much all of the conversations regarding my gf moving out was with the wife, while the email my gf just got about not getting her deposit back was from the husband.

Cliff Notes
- GF moved out of her apartment, did not renew lease.
- She gave landlords 1.5 months notice that she MAY not be renewing the lease. She gave them permission to post ads for the apartment anyway.
- Landlords couldn't find a new tenant to move in right after my gf's lease was up.
- Landlords want to keep the deposit because they think it's "fair"

Any help would be appreciated. I'm hoping this won't have to be taken to small claims court or anything, but this is some ridiculous **$%.

**EDIT** The apartment my gf was living in is in San Diego, California
 
My gf has been living in an apartment by herself for the past year that's owned by a couple (it's an apartment complex where each individual unit is actually owned by someone, and I'm sure most units are rented out cuz it's near a college). She just moved out of her apartment sometime during the later half of May. Her lease was up on June 1st. She gave them about a month and a half's notice that she may not be renewing her lease because of her job situation. She decided not to renew her lease. GF just got hit with an email from the landlord saying they are not wanting to return her full deposit because they could not find a new tenant to take over right after the lease.

My gf is certain the contract doesn't state anything about the landlord keeping the security if they can't find a new tenant to renew the lease right away. She gave them a month and a half's notice (during mid April) about the possibility of not renewing the lease. She even gave permission for them to post advertisements for the apartment. Unfortunately, most of the conversations about these details with the landlord was made over the phone, but she's trying to recover any conversations via email.

Now, I've gone through living in four different apartment complexes during my college years, and I've never heard of anyone's deposit not being returned because of a new tenant not being found right away. This just sounds like a load of BS coming from salty landlords. I dno if it matters, but pretty much all of the conversations regarding my gf moving out was with the wife, while the email my gf just got about not getting her deposit back was from the husband.

Cliff Notes
- GF moved out of her apartment, did not renew lease.
- She gave landlords 1.5 months notice that she MAY not be renewing the lease. She gave them permission to post ads for the apartment anyway.
- Landlords couldn't find a new tenant to move in right after my gf's lease was up.
- Landlords want to keep the deposit because they think it's "fair"

Any help would be appreciated. I'm hoping this won't have to be taken to small claims court or anything, but this is some ridiculous **$%.

**EDIT** The apartment my gf was living in is in San Diego, California
 
As long as the lease was up and she didn't break the lease, then I don't believe they can do that. Unless they find *reasons to not give back the deposit (dirty, damage, etc).

Pics
 
As long as the lease was up and she didn't break the lease, then I don't believe they can do that. Unless they find *reasons to not give back the deposit (dirty, damage, etc).

Pics
 
No, she did not break any part of the lease. The guy in the email already stated that they'd be keeping some of the deposit for cleaning though. My gf and I are trying to find some recent pics to show the apartment's condition, but that's besides the point. They're wanting to keep the rest of the deposit amount (so the whole entire deposit pretty much) because they couldn't find a new tenant right after her move out.
 
No, she did not break any part of the lease. The guy in the email already stated that they'd be keeping some of the deposit for cleaning though. My gf and I are trying to find some recent pics to show the apartment's condition, but that's besides the point. They're wanting to keep the rest of the deposit amount (so the whole entire deposit pretty much) because they couldn't find a new tenant right after her move out.
 
whoa the last time i saw Swoosh post, HT was still around
laugh.gif
 
Originally Posted by sw00shm4n

No, she did not break any part of the lease. The guy in the email already stated that they'd be keeping some of the deposit for cleaning though. My gf and I are trying to find some recent pics to show the apartment's condition, but that's besides the point. They're wanting to keep the rest of the deposit amount (so the whole entire deposit pretty much) because they couldn't find a new tenant right after her move out.

Then yeah I am pretty sure they don't have that right, take em to small claims (or just threaten them I am sure they will give it up).
 
Originally Posted by sw00shm4n

No, she did not break any part of the lease. The guy in the email already stated that they'd be keeping some of the deposit for cleaning though. My gf and I are trying to find some recent pics to show the apartment's condition, but that's besides the point. They're wanting to keep the rest of the deposit amount (so the whole entire deposit pretty much) because they couldn't find a new tenant right after her move out.

Then yeah I am pretty sure they don't have that right, take em to small claims (or just threaten them I am sure they will give it up).
 
Originally Posted by Club 27

whoa the last time i saw Swoosh post, HT was still around
laugh.gif
Sorry man, I think you've got me confused (I'm sw00sh with zeros), tho this wasn't the first time someone confused me with swoosh.

Luke, thanks for the advice, she's pretty much threatening legal action if they keep her entire deposit.
 
Originally Posted by Club 27

whoa the last time i saw Swoosh post, HT was still around
laugh.gif
Sorry man, I think you've got me confused (I'm sw00sh with zeros), tho this wasn't the first time someone confused me with swoosh.

Luke, thanks for the advice, she's pretty much threatening legal action if they keep her entire deposit.
 
If you have the copy of the lease contract that will help a lot.
I dabbled with real-estate for a few years.  Usually, landlords use a generic contract that will state that they would only keep the money if the property is left with repairs or if the tenant defaults.  I have never seen a lease contract that makes the tenant responsible if the landloard does not find a new tenant.   
 
If you have the copy of the lease contract that will help a lot.
I dabbled with real-estate for a few years.  Usually, landlords use a generic contract that will state that they would only keep the money if the property is left with repairs or if the tenant defaults.  I have never seen a lease contract that makes the tenant responsible if the landloard does not find a new tenant.   
 
If you don't have photos of the apartment when you moved out to prove that it wasn't in perfect condition and you don't have a copy of the lease, your girlfriend just shot herself in the foot twice.  You will have to consult tenant laws for your state, but if he didn't find a new renter that sounds like his problem.  Especially near a college campus where it will be rented out fast come July/August, that's pretty much to be expected.
 
If you don't have photos of the apartment when you moved out to prove that it wasn't in perfect condition and you don't have a copy of the lease, your girlfriend just shot herself in the foot twice.  You will have to consult tenant laws for your state, but if he didn't find a new renter that sounds like his problem.  Especially near a college campus where it will be rented out fast come July/August, that's pretty much to be expected.
 
Giving notice that you MIGHT give notice isnt giving notice. If she never actually gave a notice after saying she might not in mid April yall prob not gettin that money back...yall should go to judge judy tho
 
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