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Old 08-02-2007, 12:43 PM
sms262
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Default Landlord/tennant dispute

I need some advice on weather to pursue a case or not against my former landlord. The "highlights" are he gave me 22 days notice of a $75 a month rent increase. I was at the top of my budget already and could not afford that rent increase. I called him immediately. We had a verbal agreement that I was to let him know by the 15th of the month if I was staying or going - I did that. I had to hunt him down to do a walk through and turn in my keys and when I did that he commended me on how clean the apartment was left and that he would send my deposit refund back to me that day. I had let him know several times in several different ways how imperative it was go get my security deposit back, as I had to borrow the one for the new place. He returned my deposit quite quickly, but kept 29% of it for carpet cleaning. I have a LONG apartment renting history and a perfect track record for getting my deposit back. It does not say in my lease that I have to clean the carpets and no move out instructions were given. It does say in the lease you could be responsible for carpet cleaning charges beyond normal wear and tear, which there was none and I have pictures to prove. I asked him to return the rest of the money he will not and said I should take him to court if I want it back. Then he sent me a letter and said if I do take him to court on this issue, he will take me to court for not giving him a 30 day notice that I was leaving. Again - he gave me 22 days, I gave him 15 - although tried to give him 19, until he told me to take a few days to see what I could find.

This leads me to my question. I'm confident on the security deposit issue. I know the carpets weren't even close to being soiled beyond normal wear and as I said I have pictures. I'm not as confident on the notice issue. My lease kind of says two different things. It says... you are deemed a month to month tennant after your lease expires. My lease was a 9 month lease, and I lived there 16 months. If I was a month to month tennant I now understand - he only had to give me 10 days notice, but I also only had to give him 10 days notice - is that correct? Then the lease goes on to say in two different places, that he has to give a 45 day notice of a rent increase and I have to give a 30 day notice of leaving. I would have been happy to give a 30 day notice had I gotten more then a 22 day notice of the rent increase. It simply was not possible to give him a 30 day notice at that point. Any adivce on this piece of it would be truly appreciated it.

I have been advised to just walk away, but I find that extremely hard to do. I am a good tennant and did nothing wrong in this case and he has turned this into an extremely nasty, almost threatening, situation.

Thank you in advance -
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