Q:
Our landlord currently lives abroad, but has given us notice (3 months) that our contract will not be renewed as she intends to sell the house. We have asked to move out a month early (terminating the contract a month early) and she agreed.
She holds a full months deposit on the house - half for the usual security deposit and half for the furniture she left in the house. (I understand the furniture portion is illegal and I am entitled to remove it from rent - and I will do so for the final month).
However, I am aware from previous tenants of the house that the landlord will be very unwilling to return any of the deposit. I am certain we've caused no damages to the house. I signed the lease with the landlords local agent as she was abroad at the time. (I was living in the house before, my friend held the lease at that point) There was no inspection carried out at the start of my tenancy, nor did the agent ever offer to carry out an inspection.
I understand I would be in a (theoretically) strong legal position to claim my deposit back, however because the landlord lives abroad (the agent is unlikely to be involved once the tenancy ends) and because I have no direct contact details for her other than through the agent, I am certain that retrieving my deposit through legal means would be extremely difficult.
If I do not pay in any of the last months rent to recover my deposit, (half of which is legally removed as per the furniture deposit above, the other half I would offer the security deposit to cover), I understand that I am breaching the contract. What action can the landlord take against me and what would the possible outcomes be?
Many thanks in advance for your time and this superb resource. |
| A: If I understand correctly, you think the landlord is going to try to hose you for the security deposit. In anticipation of this, you’ve decided to pre-empt the landlord, and hose him/her first (by way of deducting what you consider an illegal grab on a security deposit for furniture she left behind). Wonderful. Marvelous. Classic landlord – tenant stuff. What fun! Furthermore, you say that you do understand you are about to breach a contract, and now wonder what you are getting yourself in for. And the answer is … plenty. The tenant has an obligation to pay the rent on time and in full. When he doesn’t, the landlord can pursue him for debt and damages. The landlord has an obligation to return the security deposit within 15 days of the end of the tenancy, unless he claims against it. If there is money outstanding at the end of the tenancy, as you can imagine, parties tend to get anxious. If you try stiffing the landlord for what he has come to expect, you can easily expect him to respond in kind. He will likely claim against you for damages, real or imagined. Then you’re off to arbitration for a ‘he said, she said’ session, in which case documentation becomes paramount. A copy of the rental agreement is handy in these disputes. The condition and inspection report plays a big role. Pictures help. Emotion doesn’t. In the actual hearing be organized, controlled, and factual. Getting bent out of shape, yelling, screaming, over talking, and hurling insults at the other party is not helpful. The focus then shifts to a pointy headed bureaucrat who will come up with a decision that both sides will have trouble wrapping their heads around. But the decision is binding. Best bet is to be civil and decent up front. Play by the rules. Avoid conflict wherever possible. |
