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From: jla@inuxd.UUCP (Joyce Andrews)
Newsgroups: net.legal
Subject: Rental Damage Deposit Return
Message-ID: <785@inuxd.UUCP>
Date: Tue, 6-Aug-85 12:21:28 EDT
Article-I.D.: inuxd.785
Posted: Tue Aug  6 12:21:28 1985
Date-Received: Sun, 11-Aug-85 06:47:07 EDT
Distribution: net
Organization: AT&T Consumer Products, Indianapolis
Lines: 48

In January of this year I signed an eighteen-month lease on a
furnished house (good until June 30, 1986).  I paid a deposit of
$500 on the house, and $300 on the furniture.  Both were
refundable when I turned over an undamaged house.  I also had an
option to purchase.

In June of this year, six months into the lease, the owners
decided they had to sell the house.  By then I knew that I didn't
want to live there, so I told them I would not exercise my
option.  They told me I would have to get out.

I figured I could argue because of the lease, but I also realized
that my income level needed a mortgage payment instead of rent,
so I bought a house and told the owners I would be out Aug. 1.

I guess they were irritated that I didn't buy the house, because
they started being a problem--showing up to fix the deck, showing
people through the house, calling, etc.  The husband has a
vicious temper and I worried constantly about my teenagers
getting in his way.  I told them not to come around unless they
had cleared it with me, but they showed up anyway.  When I
realized I had a problem I put the July rent in escrow and told
them I would pay it ($550) when I got my $800 deposit.

Well, I moved.  I had their furniture and all the carpets
professionally cleaned.  We hadn't gotten it very dirty, but my
German ancestry was leaning over my shoulder saying "leave it
spotless."  The windows were washed, the appliances were
scrubbed--the house was far cleaner than when we moved in.

They refuse to give me the $250 difference between rent owed and
deposit owed.  They claim damage--an old iron anchor that was
resting against a tree as a lawn decoration rusted through (I
never touched it).  They say that the garbarge disposal is
leaking.  It wasn't before.  They say I broke a very old
lawnmower that I never even tried to start (I have my own
lawnmower).  Anyway, this goes on and on.  My real question is,

IS THERE ANYWAY TO GET BACK A DAMAGE DEPOSIT?  Does a landlord
have the complete hold over whether he/she owes you that deposit
or not?  Should I go to small claims court?

BTW, I had them sign a lease termination so that they couldn't
say that I had broken the lease.  The lease termination says that
they are terminating the lease for the purpose of selling the
house.

What's a mother to do?