Land lords and college students

[elchivito]

Son just graduated. Was stuck in his condo lease through the end of July. It's a 2BR 2BA condo that he shares with someone. About a month ago the landlord, who lives out of state, contacted them and said she wanted to put the condo on the market and would they mind moving out by May 31. Both said sure, communicating by text message. So after graduation son begins packing up and cleaning up. He'd paid a security deposit = to one month's rent + 100 non refundable. Security according to the lease is 100% refundable. Day before yesterday the owner comes to town for a walk through, the other roomy has already moved. Owner informs my son "oh by the way you didn't inform me of your intent to move at the end of the month in writing, so you'll have to pay another month's rent. You can still turn over the keys and move, or you can stay if you want at the half rent rate."
Son, a newbie at leases, thinks he has to stay. I told him on the phone last night that landlords in Flagstaff are notorious for finding ways to screw kids out of their deposits and since the deposit is the same as the rent, he has nothing to gain. You're screwed I said. Pack up, forget cleaning, leave the keys at the condo office and tell her to go screw herself. If you pay the rent and stay another month she'll find some other way to beat you out of your deposit.
It's not worth fighting over 550 bucks, but he says he has the text messages saved on his phone wherein he agreed to move at no penalty. I need to re-read the lease. I prefer to let him handle it and learn the lesson, but damn it chaps my hide when somebody f@cks with one of my kids.

[TX76513]

You might be able to play the reverse card. Landlords (most states) have to notify the tenant in writing of why a deposit, etc. was not returned within 30 days (CA is 21) of ending contract. They might blow off doing that. There are penalties that go beyond the initial deposit including attorney fees.

[kerry]

Slimy landlord. I'm not sure about the legality of text messages about early move outs if the lease says 'in writing'. They are written so they should be binding. Since she initiated the early move out, he should get his deposit back. If he is hanging around Flagstaff and is willing to deal with a small claims suit if he doesn't get the money, he could leave it spic and span, take lots of pictures and take the landlord to small claims court if she doesn't refund the deposit. But I'm no expert in Arizona or Flagstaff landlord/tenant law.

[kerry]

mrlandlord.com has links to the landlord/tenant law in each state.

[elchivito]

Originally Posted by kerry

mrlandlord.com has links to the landlord/tenant law in each state.

Thanks for that.

[JB3]

hahaha, nothing like a scumbag landlord. I once had to chase a guy for more than a year for my security deposit back, and he was a local cop on top of it.

[elchivito]

So yesterday he was thinking about paying the rent- due today- when the utilities were turned off. He packed up and left. She's texting him wanting a forwarding address for the final utility bill. I told him to block her number and not respond.

[kerry]

In whose name was the utility bill? I'd say text the landlord and tell her to deduct the utility bill from the security deposit before sending it back to him. That's what we always do and we tell the tenants we are doing it.

[t walgamuth]

I don't do that stuff to my tenants.

But when I sold my rental house in Muncie my daughter had a lease ending a few months after the other landlord took over and he screwed me out of a months rent too. Scumbag landlords!

Its probably possible to prevail in small claims but also probably not worth the trouble unless you're gonna be there anyhow.

This a matter i think the landlord would lose on in the local courts at least. they're not particularly landlord sympathetic except on evictions for non payment.

[elchivito]

Originally Posted by kerry

In whose name was the utility bill? I'd say text the landlord and tell her to deduct the utility bill from the security deposit before sending it back to him. That's what we always do and we tell the tenants we are doing it.

The utility bill was in the room-mate's name and she'd already moved out. She told my son the utilities had been transferred back to the owner, who'd keep them on for the sale prep. I think the owner shut them off to get rid of him. This is a kid who was a very light user of the place, he's normally out in the field somewhere for days on end. Never partied and always paid his bills. In all, a good lesson for him to learn and fairly cheap, too. They'll screw you when they can.

[Mölyapina]

Originally Posted by t walgamuth

This a matter i think the landlord would win on in the local courts at least. they're not particularly landlord sympathetic except on evictions for non payment.

One that the son would prevail on, you mean?

[t walgamuth]

Originally Posted by Mölyapina

One that the son would prevail on, you mean?

That is what i meant, and corrected my original post just now. good thinking on your part!

[benzguy300]

Originally Posted by Mölyapina

One that the son would prevail on, you mean?

This is his last post. Does anyone know what happened to Molyapina ?

[tbomachines]

Originally Posted by benzguy300

This is his last post. Does anyone know what happened to Molyapina ?

He is a very busy guy, I see him active on other social media, believe he is doing quite well.