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Kizzie
February 29th, 2012, 08:28 PM
Anyone who has dealt with a difficult landlord... I need healp advice anything

She is holding our security deposit and has now been ignoring us for the total 45 days and will not contact us about anything

its $3900 dollars and now we are in a different country this makes it very difficult for us to fight for it... can anyone tell me if they have had any experience in this - its going to be very difficult if we have to go to court over it.


Kizzie

Monique
February 29th, 2012, 09:03 PM
Do you know why she is holding it? I would send a registered letter to her and threaten to contact a lawyer. Hope it all works out for you.

Bubby
February 29th, 2012, 09:08 PM
Kizzie,

My husband and I are landlords in Missouri. In our state landlords have 30 days from the end of the lease to make a determination whether to refund all, part, or none of a tenant's security deposit. Every state in the US has an Attorney General's office where the laws for landlords and tenants is issued. Use your computer to look up the Attorney General's office for the state you lived in here in the States (i.e. State of Missouri/Attorney General's Office) There should then be a sublisting for Landlord/Tenant Rules. Read the rules carefully and if you feel there has been an abuse, you should be able to file a claim through the AG's office. Someone in that office can surely speak with you and answer your questions. If a landlord refuses to refund your deposit they must make you aware of why and show proof of repairs or restoration if extensive damages were done.

I hope this helps you, Kizzie. Barb

Kizzie
February 29th, 2012, 09:22 PM
No idea - she has been really difficult towards the end of the lease our lease end date was originally 15th Jan 2012

Back in September last year we decided to extend it a week she was fine with this, towards the end of October we wanted to organise a pre-move out inspection - to make sure everything is perfect for when we move out and so there are no hassles, she would NOT inspect the house - she completely refused - she said she would do it in the 5 days AFTER we leave and move out..

We were not happy with this as we would like to fix any issues (if any) ourself so that we can keep the whole deposit. $3400 for the security and $500 for the pet deposit.

So by the time 14th november comes along we sent her a notice by registered mail stating we will stick to the original move out date of 15th so we are able to stay for the inspection (in a friggen hotel) cause she was making life so difficult.

She was happy with this. Then she conducts the inspection after we move out...

Please note - when we recieved the keys - the house was a mess (thankfully we have photos to prove it) the toilets took me 2hrs each to clean - the oven was filthly there was rubbish all over the place and food left in the fridge and freezer! This is just a small portion of thing that were wrong with the house.

We recieved the keys on the day we have removalists coming in - so I had to clean up - I couldnt ask her to come do it and we are very unfamiliar with American Laws - we didnt even know that you shoudl have filled out a condition report?? Its mandatory in Australia but in America we never heard anyone mention anything about it - therefore we assumed it just wasnt done - BIG MISTAKE at least our photos are dated of everything that went wrong in the house.

Anyways back to leaving the house - Everything was sparkling (we also took photos) the oven looked brand spanking new and was silver again instead of all the food and burnt stuff she had on it - the fridge was empty and clean and sparkling and everything was spotless we took 3 days to clean the house.

She had the inspection after we moved out on the 5th day at 6pm at night - SHE TOOK US AROUND THE HOUSE FOR 2HRS!!!!! I was soo mad - but patient friendly and nice... she pointed out 3 issues....
the facial plate on the oven (which had bubbled up) - I dont know how this could be my fault but she said she would get someone in to look at it and tell her if it was my fault or not.

the plumbing under the sink - the pipes were leaking - which I know as Phil my step dad is a plumber its a maintenance request...

and 3 the gurgler sinkerator thingamabob was leaking up the top - I NEVER used this never put food down it and constantly left it covered up - a spoon fell down there once (while it was off) and I have seen that many scarey movies I was too scared to get it and had to wait till Glenn got home to retrieve the spoon.

Our dogs are 6 and 7 - they are well trained and she never pointed out any issues regarding them. She also then tells me on the day of the inspection that the pet deposit was non-refundable - I said I beg your pardon? I wouldnt just hand over $500 dollars to you as I know my dogs wouldnt damage the place if it was non refundable I would have renegotiated the price!

Anyways She said we looked after the place very well and she was very happy with us as tenants. Fingers crossed we would hear back from the plumber and oven guy soon to tell us it wasnt our fault....

Nothing - not an email nothing....

30days go by - in MD law the landlord is suppose to provide you a list within 25 or 30 days (cant remember) of what she will take out of the deposit and the amount that will be taken.

Nothing once again...

we email her and ask her and give her the Australian embassy address for the security deposit and our address for the pet deposit. (the security deposit is lent to us from the embassy to the landlord - if she doesnt give it all back they then take the big chuck out of Glenns pay until its paid in full

STILL NOTHING....

40 days pass Glenn emails ONCE again....

NOTHING

45days pass and now we are trying to call her to get into contact

We call our old neighbour who we really got along with - He tells us...

SHE MOVES BACK IN ONE WEEK AFTER WE LEFT!!!!!! The lights are on and she is home and she is not answering our calls

So far with research we have gathered the following

We know where she lives
Where she works
Her work number fax email(she works for the gov in a tax fradulent agency)
she has 3 personal emails
some relative names
we are trying to find a landline to her house but no luck yet..

Any help or ideas you can think about would be great

We are going to put in a consumer complaint and we will have to take this all the way! According to the lease because she has broken the security deposit rules we are now entitled up to 3 times the amount of the security deposit.

To be honest I think she is keeping it as she doesnt have the money to give it back - she went through a divorce and was going to lose the house and then we became tenants I think she has got herself on her feet again but she is still meant to put our security deposit into a bank and let it collect interest at 6% per quarter for us!!!!! I'm so angry!!!!! and worried we are going to lose it.

bec
February 29th, 2012, 09:24 PM
As Barb said, they only have so long to let you know why they are keeping your deposit and I believe in some states if the landlord doesn't return your deposit within 30 days, they have to pay double or triple. Definitely check out the landlord/tenant rules! I hope you get it resolved. Keep us informed.

Edit: Looks like you already got this info. :) I hope you get triple after all you've been through!

Kizzie
February 29th, 2012, 09:29 PM
Thanks Barbs it does help - I found the link and a consumer complaint form but I didnt know if this was the right direction to go. I'm so glad you have now reassured me I have emailed all my research to my husband and hopefully when he gets a chance to read through we can get this thing sorted as far as I'm aware she had the house back in a MUCH better state than what we received it in. She didnt pack everything and she even left us two cases full of bullets!!!! BULLETS I nearly died - I know guns and everything are common in America but in Australia you only have a gun if you are a farmer or belong to a gun club LOL....

We loved the house very much it was like a mansion and we have never lived in anything so big and beautiful - we truly looked after the place like it was our own. I cant beleive she can treat us like this - I think she thinks she is going to get away with it because we are Australia. She is an african american with major attitude issues - I am not racist AT ALL - please dont get me wrong but I want to paint the picture she is in a fairly well paid job 100K + and owns 2 houses - I dont know why she would be so difficult!

Kizzie
February 29th, 2012, 09:33 PM
you are right Bec just found this for the state of MD

A list of damages to the rental unit and costs incurred to repair them must be sent to you by first-class mail within 45 days. If the landlord fails to send you a list of damages, the right to withhold the security deposit is forfeited.

The security deposit, plus interest, but less any damages rightfully withheld, must be returned within 45 days of your notice. If the landlord fails to return the security deposit, you have the right to sue for up to three times the deposit, plus reasonable attorney's fees.

phoots
February 29th, 2012, 09:38 PM
Kizzie, thank God you have pictures before you moved in and when you moved out!!! That will probably be very important. I wish I knew something that would help, but I don't!! Good luck, Sweetie!!!

Pam in Vegas

Kizzie
February 29th, 2012, 09:41 PM
I know - we had a previous landlord in Australia before we left that tried to get us for damages that were already there so we pushed with the real estate not to pay for them and we won luckily but then after that we swore we would take photos or a live video camera of the place to see damages - thank heavens we did this with this one! Thanks so much Pam!

janluna
March 1st, 2012, 01:11 AM
Kizzie, I am so sorry you are being treated so badly by this person who is so wrong. Please don't think all Americans are this rotten. And we don't all have guns and bullets. Some people are just not honest people and she needs to be taken down a peg or two. As long as you have photos with time and date stamps on them, and all your correspondence with registered receipt and all your emails with dates you contacted her, you should be able to go to the courts and get all your money, plus lawyer fees, court costs, and money for all your time and trouble. I'm so sorry an American treated you this way, she should be ashamed! Please know we are all not like that. Thank God! lol I'll be saying prayers for you to get this taken care of in a better manner. You might want to contact a lawyer and maybe after the attorney general, try the state dept. in Washington, DC. Can you go to the Embassy over there and ask how to go about getting your money back. Whatever you do, make copies of everything to show people, and keep the originals in a safe or in a safety deposit box in the bank. I'd copy even the photos if you can. It is such a shame when your trust has been broken by a greedy, evil person. Again, so sorry. Hugs, love, and prayers, Jan L.

Kizzie
March 1st, 2012, 02:15 AM
Thanks Jan yes we have all that - we sent some documents via certified mail but once she recieved the first one she never collected the others they are still sitting at the post office!

here are some pics to see the house before we moved in - the other bad ones are on my hubby's laptop as we took pics with two diff cameras.

http://i334.photobucket.com/albums/m413/cheeky_chicky86/IMG518.jpg

http://i334.photobucket.com/albums/m413/cheeky_chicky86/IMG519.jpg

http://i334.photobucket.com/albums/m413/cheeky_chicky86/IMG524.jpg

http://i334.photobucket.com/albums/m413/cheeky_chicky86/IMG539.jpg

http://i334.photobucket.com/albums/m413/cheeky_chicky86/IMG581.jpg

http://i334.photobucket.com/albums/m413/cheeky_chicky86/IMG554.jpg

Kizzie
March 1st, 2012, 02:16 AM
and in no way do I think all americans are like this at all - 99% of the Americans I have met have been absolutely lovely, courteous and just down to earth and respectful. Love all you guys !