Odd Question..

We recently moved, and our landlord(of the place we moved out of) was supposed to refund us the rent for the portion of the month that we weren't occupying his property ..we had to leave behind some things... no way to move them...He is saying that because of that he owes us nothing.. isn't that and any damages caused by us what the security deposit is for?

Any insight would be especially helpful.

Mama

Hi Mama. Here's what I found from the Center of Renters Rights. Also, I'm putting a couple links at the bottom of this to help with all your questions that may come up. Hope it helps.



(a) A landlord shall hold all security deposits received by him in a federally insured interest bearing account in a bank, savings and loan association or other financial institution located in the State of Illinois. A security deposit and interest due thereon shall continue to be the property of the tenant making such deposit, shall not be commingled with the assets of the landlord, and shall not be subject to the claims of any creditor of the landlord or of the landlord's successors in interest, including a foreclosing mortgagee or trustee in bankruptcy.

(b) Any landlord or landlord's agent who receives a security deposit from a tenant or prospective tenant shall give said tenant or prospective tenant at the time of receiving such security deposit a receipt indicating the amount of such security deposit, the name of the person receiving it and, in the case of an agent, the name of the landlord for whom such security deposit is received, the date on which it is received, and a description of the dwelling unit. The receipt shall be signed by the person receiving the security deposit. Failure to comply with this subsection shall entitle the tenant to immediate return of security deposit.

(c) A landlord who holds a security deposit or prepaid rent pursuant to this section for more than six months, after the effective date of this Chapter shall pay interest to the tenant accruing from the beginning date of the rental term specified in the rental agreement at the rate of five percent (3.42% after July 1, 1997) per year. The landlord shall, within 30 days after the end of each 12-month rental period, pay to the tenant any interest, by cash or credit to be applied to the rent due.

(d) The landlord shall, within 45 days after the date that the tenant vacates the dwelling unit or within 7 days after the date that the tenant provides notice of termination of the rental agreement pursuant to Section 5-12-110(g), return to the tenant the security deposit or any balance thereof and the required interest thereon; provided, however, that the landlord may deduct from such security deposit and interest due thereon for the following:

(1) any unpaid rent which has not been validly withheld or deducted pursuant to state or federal law or local ordinance; and
(2) a reasonable amount necessary to repair any damage caused to the premises by the tenant or any person under the tenant's control or on the premises with the tenant's consent, reasonable wear and tear excluded. In case of such damage, the landlord shall deliver or mail to the last known address of the tenant within 30 days an itemized statement of the damages allegedly caused to the premises and the estimated or actual cost for repairing or replacing each item on that statement, attaching copies of the paid receipts for the repair or replacement. If estimated cost is given, the landlord shall furnish the tenant with copies of paid receipts or a certification of actual costs for repairs of damage if the work was performed by the landlord's employees within 30 days from the date the statement showing estimated cost was furnished to the tenant.
(e) In the event of a sale, lease, transfer or other direct or indirect disposition of residential real property, other than to the holder of a lien interest in such property, by a landlord who has received a security deposit or prepaid rent from a tenant, the successor landlord of such property shall be liable to that tenant for any security deposit, including statutory interest or prepaid rent which the tenant has paid to the transferor.

The successor landlord shall, within 10 days from the date of such transfer, notify the tenant who made such security deposit by delivering or mailing to the tenant's last known address that such security deposit was transferred to the successor landlord and that the successor landlord is holding said security deposit. Such notice shall also contain the successor landlord's name, business address, and business telephone number of the successor landlord's agent, if any. The notice shall be in writing.

The transferor shall remain jointly and severally liable with the successor landlord to the tenant for such security deposit or prepaid rent, unless and until such transferor transfers said security deposit or prepaid rent to the successor landlord and provides notice, in writing, to the tenant of such transfer of said security deposit or prepaid rent, specifying the name, business address and business telephone number of the successor landlord or his agent within 10 days of said transfer.

(f) If the landlord or landlord's agent fails to comply with any provision of Section 5-12-080 (a)-(e), the tenant shall be awarded damages in an amount equal to two times the security deposit plus interest at a rate determined in accordance with section 5-12-081. This subsection does not preclude the tenant from recovering other damages to which he may be entitled under this chapter.


http://www.getting-legal-advice.com/know_your_rights_ggl.html

http://directory.google.com/Top/Society/Issues/Housing/Tenant_Rights/?tc=1

If you had items left behind then you would in fact owe for the days your property was there. The landlord could not rent the property out because it was still being "occupied". Until your items are gone, you are still occupying the property. Security deposits aren't supposed to be used for the last month's rent. They are intended for damages to the apartment. If your items were still in the unit then the landlord could not show or re-rent the place. You still should only have to pay for the days your things were still there plus any damages. If this amount is more than your deposit then you would owe. If it is less, you should be entitled to a refund of the difference. Every state is different so the laws that apply where I live may be different than where you are. Look in the yellow pages and find a free attorney. They will be better to help you with the laws in your county. Many give free consultations over the phone.

Mamawolf --

I work in the apartment industry in California and as a matter of fact, I just attended a Fair Housing luncheon last week.

Every state has different laws, but I can tell you that renters in California are MUCH MORE protected than landlords in California.

What I recommend you do is visit the California Fair Housing and Employment website at www.dfeh.ca.gov/.
Check out the different topics, such as landlord/tenant disputes, the proper complaint process, and how to contact your nearest fair housing office.

If you are able to reach someone at fair housing, explain your story to them, I am quite confident that they will help you retrieve your security deposit.

As for your belongings, you abandoned them when you moved out and I'm pretty confident that the landlord only needs to keep them for a specific time then he can donate or dispose of the items.

I do not agree that your belongings being left in the unit constitute you still residing in the unit. I do not believe a judge in California would see it as you continuing to reside in the apartment either. You vacated the unit, you simply left personal property. I do not believe that doing so has given the landlord the right to keep your security deposit or charge you additional rent.

Don't let a landlord intimidate you. Contact your local fair housing office and they'll make contact with him on your behalf.

Good luck. Let us know how things work out.