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

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arcenite

Lifer
Dec 9, 2001
10,660
7
81
If you only have a deadbolt... lock the doors and throw the keys back through the window
 
Oct 20, 2005
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How do people lock themselves out of their own cars? I'll let you sit on that.

Most apts use a deadbolt lock which you have to lock from the inside or use the key when locking on the outside. Since you suggest leaving the keys in the apt, there's no way to do what you said.

Also, I've always had to return the keys to the office, not leave them inside on the counter or something.
 

waggy

No Lifer
Dec 14, 2000
68,143
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81
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.

they don't even need to do that.

They just mail everything to your last known address to be forwarded. thats it. then go to court and win a judgment because you no showed.
 

Fingolfin269

Lifer
Feb 28, 2003
17,948
34
91
Most apts use a deadbolt lock which you have to lock from the inside or use the key when locking on the outside. Since you suggest leaving the keys in the apt, there's no way to do what you said.

Also, I've always had to return the keys to the office, not leave them inside on the counter or something.

Regardless of the lock type, I think you're missing the point of leaving the keys on the counter and riding off into the sunset.
 

Bignate603

Lifer
Sep 5, 2000
13,897
1
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they don't even need to do that.

They just mail everything to your last known address to be forwarded. thats it. then go to court and win a judgment because you no showed.

And if you don't pay up they'll put it on your credit report.
 

DrPizza

Administrator Elite Member Goat Whisperer
Mar 5, 2001
49,601
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www.slatebrookfarm.com
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.

No, the apartment complex is owned by a bank now. That's the point I was making - usually banks don't waste their time going after people (for some idiotic reason.)
 

Leros

Lifer
Jul 11, 2004
21,867
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wtf did you do to the place?

I went through four different property management companies in the past 1.5 years. Getting stuff fixed was impossible. From the viewpoint of the current landlord, it looks like I neglected to call in for maintenance which resulted in some damage.
 

Leros

Lifer
Jul 11, 2004
21,867
7
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So I asked my landlord about this. Apparently Fannie Mae pays a "move out assistance" provided that you properly clean the place and such. This amount is equal to the deposit amount on the previous lease, despite that I haven't paid Fannie Mae a deposit.

I guess they do it to ensure that tenants don't trash the place when they leave.
 

bobdole369

Diamond Member
Dec 15, 2004
4,504
2
0
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.

I don't know what state you are in, but in Florida it works like this:

They don't just "deduct it from your deposit". Following the expiration of a lease, and following the landlord "taking possession" (that act is important), he has 30 days from the expiration of the lease period (provided you submitted notice following the statutes - which for a year long lease in Florida is 60 days) - in which he can submit a "claim" upon your security deposit. Yes here in America's Wang if you have a yearly lease and you want to move - you must supply 60 days notice (thats actual calendar days) - and you should do so following the letter of the law, with a certified mail - return receipt.

So he has 30 days to file a claim after the expiration of the lease. How does he file a claim? He submits to you - using statutorily defined forms - a line by line description of the items that are damaged. Note ordinary wear and tear is excepted. They can't charge every tenant that leaves for new carpet. If they replace it every year, thats on their dime, though down here they often charge a separate "redecorating fee" - often $350-$500 to new tenants that covers carpet. Even if you ruined the carpet - courts have upheld that 3-5 years is about the length of time it lasts so you could push that pretty far.

Once he has submitted to you the claim, you have an opportunity to reject those claims by sending him a similarly statutorily defined form. If you don't agree and come together on a compromise - ***The Tenant*** must sue the landlord. In the case that the tenant does agree and files no counters the check is sent. Often in any case the check is sent.

The act of cashing the check is enough for a court to say "you accepted therefore your claims are null".

So long story before all that - probably doesn't even apply to you.

You had a landlord - he took a deposit, and when he foreclosed he returned the entire deposit to you?

Now a bank owns - you entered a lease with that bank with $0 as security deposit.

In the event that you cause damage to the property the bank will simply sue you - obtain a judgment, garnish wages (unless in TX god love that state), bank accts, place liens on stuff you own, a lien on any property, and maybe have the sheriff come visit and sieze stuff you own to sell at auction to pay the owner (the bank).

What will really happen? Probably nothing unless you burn the place down. A bank ain't no landlord and they hold properties and are currently holding way too many and probably can't administer any of them properly. It would behoove you to leave the property in a neat, clean, broom-swept condition, and to repair any damage you caused, normal wear and tear excepted.

That typically means - rent a rug doctor for $20 at the grocery and run it over everything. If you smoke, and smoked in the unit - paint the walls. If not maybe spot clean the walls. Clean all the doors. Clean the windows and sills. Mop the non-carpeted floors, clean all fixtures and make sure to leave absolutely nothing in the unit. Fill any nail holes with basic spackle, don't worry about painting that.
 
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bobdole369

Diamond Member
Dec 15, 2004
4,504
2
0
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.

Your lease doesn't "need" to say anything about that. Thousands of years of tort law supports that you are liable for the damage you cause.