Landlord doesn't have security deposit, what happens when I move out?

[Leros]

My apartment complex was foreclosed on about 1.5 years ago. It switched hands between a few banks and is now owned by Fannie Mae.

During the initial foreclosure my original landlord returned my deposit. My existing lease got taken over by the bank, but they never asked for a deposit.

I'm about to move out. If there is any damage or cleaning that needs to be done, they would usually just deduct it from my deposit. In the event that there are costs, is there anything my current landlord can do? I'm mostly just curious.

 

[Arkaign]

As long as the place doesn't require any abnormal attention, I doubt they'll bother with anything serious. At most you'll probably get a letter billing you a couple hundred bucks for standard cleaning.

 

[Leros]

As long as the place doesn't require any abnormal attention, I doubt they'll bother with anything serious. At most you'll probably get a letter billing you a couple hundred bucks for standard cleaning.

Can they actually bill me? My lease says they can take money out of my deposit, but doesn't say anything about billing me.

 

[Eli]

They could, of course, bill you for it. Whether you're legally obligated to pay is another question, but it's probably not worth a court fight or anything like that. Just clean the place up and I'm sure it won't be a problem.

 

[weadjust]

Leave keys on the kitchen counter. Lock door, exit quietly, and don't give them your forwarding address.

 

[nageov3t]

depending on how bad the damage is, the owners can either take it on the chin or take you to court.

 

[Bignate603]

Can they actually bill me? My lease says they can take money out of my deposit, but doesn't say anything about billing me.

It would be very odd if your lease did not say something about you being financially responsible for damage that you do to the apartment. Even if they had your security deposit they'd bill you for any damage you did above the deposit.

 

[Leros]

It would be very odd if your lease did not say something about you being financially responsible for damage that you do to the apartment. Even if they had your security deposit they'd bill you for any damage you did above the deposit.

It basically says that they can deduct from my deposit (but not over the value) for things like cleaning costs and minor damages. Excessive damages (which isn't defined in the lease) can be charged to me if the cost is in excess of the deposit.

 

[nageov3t]

I assume they could argue that the landlord had no right to give you your deposit back, but it's a lot of work to go through depending on how much damage there is to the apartment.

are you looking at normal wear and tear, or did you punch holes through the wall, steal the bathroom sink, and paint the bedrooms black?

 

[TridenT]

Leave keys on the kitchen counter. Lock door, exit quietly, and don't give them your forwarding address.

Leave keys on counter, but lock the door? Are we exiting through the window or something...?

 

[darkxshade]

Leave keys on counter, but lock the door? Are we exiting through the window or something...?

How do people lock themselves out of their own cars? I'll let you sit on that.

 

[Bignate603]

It basically says that they can deduct from my deposit (but not over the value) for things like cleaning costs and minor damages. Excessive damages (which isn't defined in the lease) can be charged to me if the cost is in excess of the deposit.

I think you'll find excessive damage means any damage in excess of your security deposit.

 

[Spikesoldier]

I think you'll find excessive damage means any damage in excess of your security deposit.

this

deposit = 0

the damage = excess

 

[waggy]

Can they actually bill me? My lease says they can take money out of my deposit, but doesn't say anything about billing me.

so you can destroy the apartment and only pay the deposit? no. it does not work that way. of course they can sue you.

now in this case i doubt they will.

 

[Tiamat]

They can bill you in addition to the security deposit (depending on local laws). Most of the time, they don't do it because once you skip town, it is too much of a hassle to track you down.

 

[TridenT]

How do people lock themselves out of their own cars? I'll let you sit on that.

Last I checked, cars don't use the typical turn deadbolt lock.

My apartment doesn't have a twisty-lock on the handle. It just has the deadbolt.

 

[DrPizza]

Considering they don't go after homeowners who gut the house, removing kitchen cabinets, doors, switches, just about everything before a foreclosure, I really doubt they're going to go after you for something trivial.

 

[alfa147x]

wtf did you do to the place?

 

[Whoozyerdaddy]

They can take you to small claims court for any damages. That's about it.

It varies by state law but that pretty much sums it up.

 

[the DRIZZLE]

Considering they don't go after homeowners who gut the house, removing kitchen cabinets, doors, switches, just about everything before a foreclosure, I really doubt they're going to go after you for something trivial.

That's different. Those people are generally broke so there's no point in going after them. Apartment complexes go after people all the time.

 

[DaTT]

Try and get another deposit back out of them. Maybe they don't know your deposit has been given back. Free Money!

 

[Gibson486]

I do not think the bank will even bother to bug you. The place is foreclosed. Right now, all they care about is getting the place off their hands.

 

[Murloc]

they will maybe send you the bill. Just try not to give them the address, maybe they'll drop it.

 

[mshan]

http://www.nolo.com/legal-encyclopedia/chart-cleaning-repairs-landlord-deduct-29017.html

 

[spaceman]

in the real world
they cherry pick to screw u out of it
or try