I Need Legal Advice...And Your Opinion

[Ash]

Most of you remember that I was flooded out of my home last June.

This is video I shot on June 12th:

http://www.youtube.com/watch?v=CN9LG-8IcF0
	Small | Large

I was forced to evacuate the building and was never able to return to live there.
Eventually, I was able to go back and get my things.  But as of June 12th 2008, no tenants were allowed to live there.

In the beginning of the month of June, I hadn't paid rent.  I was late. 
I was going through tough financial times and had told the building manager that I would be a little late paying rent.
The flood happened on June 11th-12th.  Just a day before, on the 11th, I obtained the money to pay rent but couldn't pay them because everyone (including the building managers) had evacuated.  Only a small handful of us tenants, including me, remained.
Around noon on the 12th, I evacuated.

We were told by the building manager that the landlord was not going to collect rent because of the flood.
We were allowed to keep our things in our apartments at no charge but we were not allowed to live there.

Cut to present day...

I spoke with the landlord on the phone a few weeks ago and she told me that I needed to mail my keys to her in order to get my security deposit back.
I sent them to her this past Monday, January 5th.

Today, I received a letter that read:

"According to my records you did not pay June, 2008 rent and so I am applying your security deposit in the amount of $210.00 to those charges.  The total monthly due was $260 less the $210 security deposit leaves a $50 balance."

Can you f***ing believe that!?  The nerve of that b**ch!

We were told that they weren't going to charge us rent and here she is taking my security deposit to cover the rent she told us we didn't have to pay.

I suppose this question is mostly for Rev. Powell as he is a licensed attorney.
But I also would like to hear your opinions on this matter.

What do you think?
Should I sue her in small claims court?  It's not the paltry amount of $210.  It's the principle of the whole thing.
Do you think I've got a good chance of winning?

[Menard]

Is the rent pre-paid for the month?

It seems that even if they had a claim for rent, if you did not spend any time past the 12th in your apartment, that you should not be liable for the full month of rent.

I Could be wrong.

[Frogger]

If you have nothing in writing about not paying rent then you do not stand much chance.

Sounds like a nasty land lord but I have seen worse.

[Jack]

We were told by the building manager that the landlord was not going to collect rent because of the flood.

I'd suggest tracking down the building manager and getting him to sign a statement to that effect.  That way it's not just your word against hers if you go to court.

[CheezeFlixz]

First there is a filing fee for small claims, you pay it. Take that out of any gain.
Second, pick your battles really $200 give or take isn't worth fighting over. You lost $210, she lost a building.
Third, you got what $1200 or more in FEMA money?

If you still feel it's unjust, pick up the phone, call the landlord and ask her to explain the deposit refund. Be polite, you get more flies with honey than you do vinegar. Perhaps there was a error on her part, perhaps not ... communication is key.

[AndyC]

I agree with Cheeze. Talk it over with her and see what happens. Give her a chance to explain and reach a resolution privately. Don't think about legal action until you see how that goes. People like to jump the gun and go straight to the courts, but legal action should be a last resort.

And for that matter, $210 is not worth the cost and inconvenience to yourself. Don't do it just to make a point. When I saw the amount, I was actually kind of relieved. I thought she was trying to bill you for the last seven months. That would have been worth suing over. She wants a month's rent, and you did get almost half a month in the apartment. So, really, she's screwing you out of $125. It's disappointing when you expected your deposit back, but in terms of being screwed over, it's a small amount.

[Rev. Powell]

First off, I am not licensed to practice law in Iowa.  What I write below is personal, and not professional, advice.  There is no lawyer/client relationship between us. There could be strange legal quirks existing only in Iowa that would make any legal advice I could give incorrect.  (I have to get in the habit of making these disclaimers).

1.  I definitely agree with Cheeze & Andy that it's best to talk to her directly before going to small claims court.  Also, be polite, but firm that you are correct.  Tell her exactly what the building manager, her agent, told you.  She is legally bound by his decision; if he gave you a break he wasn't authorized to, then her beef is with him, not you.  Don't threaten to take her to court.  If it's obvious that she's not going to listen to reason, then just tell her you still believe you're right and you'll have to look into other options.
2. The fact that there is nothing in writing doesn't doom you.  Writing is just the best evidence, it's not the only evidence. 
3. If you do go to court, it would be best to have the building manager go with you and testify that he stated the rent would be waived for that month because of the flood.  If he won't, then try to get a sworn/notarized statement from him.  Otherwise it's your word against hers and you may well lose. 
4. Your other option, if you can't get any kind of testimony from the manager, is to get other tenants to testify your version of the story.  If the manager told them the same thing, you should be OK.
5.  If you do go to court, be as calm, factual and unemotional as possible when you testify.   
   
As for whether you should just forget it because it's a small amount of money, that's up to you.  From what you've said, you have a non-frivolous case.  Small claims courts exist for exactly this kind of dispute.  I personally would forget it, but everyone's different.   

[CheezeFlixz]

I'm speaking as a landlord/property manager that deals with this BS everyday. If someone is calm and polite with me they'll get a lot more consideration. If they are hateful, emotional, rude, demanding, indignant, etc ... you won't get squat.

Not knowing the terms of your lease, your rent should have been prorated from the 1st to the 12th, divide your monthly rent by the days in the month, times the days you were there and that should be a fair 'guestamation' of what you owed, some places charge late fees (I do) and if the rent isn't paid by a given date then there is a additional fee, (unless prior arrangements are made - I'm not all bad) when you move out with a balance if any it will come out of the deposit, which normally is a full months rent. So only $210 is pretty sweet.
Now you have extenuating circumstances with the flood, so that works in your favor. Small claims court tend to lean in the landlords direction as for every great tenant (like yourself) out there is there is about 1000 crappy ones that move off, owing money, leaving more damage than the deposit will cover and then they have the nerve to want there deposit back. So while your situation is very unique keep that in mind if you decide to pursue legal action, which I do not recommend you might not find the courts all that tenant friendly.

[Rev. Powell]

I'm speaking as a landlord/property manager that deals with this BS everyday. If someone is calm and polite with me they'll get a lot more consideration. If they are hateful, emotional, rude, demanding, indignant, etc ... you won't get squat.

Not knowing the terms of your lease, your rent should have been prorated from the 1st to the 12th, divide your monthly rent by the days in the month, times the days you were there and that should be a fair 'guestamation' of what you owed, some places charge late fees (I do) and if the rent isn't paid by a given date then there is a additional fee, (unless prior arrangements are made - I'm not all bad) when you move out with a balance if any it will come out of the deposit, which normally is a full months rent. So only $210 is pretty sweet.
Now you have extenuating circumstances with the flood, so that works in your favor. Small claims court tend to lean in the landlords direction as for every great tenant (like yourself) out there is there is about 1000 crappy ones that move off, owing money, leaving more damage than the deposit will cover and then they have the nerve to want there deposit back. So while your situation is very unique keep that in mind if you decide to pursue legal action, which I do not recommend you might not find the courts all that tenant friendly.

The small claims courts are tenant unfriendly because, as you said, lots of people come to them with BS claims.  If the situation is as Ash describes, there are no facts we're not aware of, and most importantly he can prove what the building manager said, a judge will look at him differently.     

I suspect that the landlord will probably offer to prorate your rent for June.  After she makes that concession it's probably not worth pursuing any further.       

[CheezeFlixz]

The small claims courts are tenant unfriendly because, as you said, lots of people come to them with BS claims.  If the situation is as Ash describes, there are no facts we're not aware of, and most importantly he can prove what the building manager said, a judge will look at him differently.     

I could write a book ... and that's just this year and it's what January 9th.

What I find amazing is how a 10 year old 20" TV is valued at $1200.00 ... I got that old last Nov, I laughed, the Judge laughed and they looked confused. As usual I won, so far I'm about 829-0 not a bad record. Then again if I'm wrong I admit it, I don't need a judge to tell me.

[Dennis]

Ash, did the landlord do this to other tenants, if so how many? Say there are 20 other tenants in this situation, 20 x $210.00 = $4200.00, that's a fair amount of money. If this has been done to other tenants you could all approach her with a reasonable demand for your money back, be polite but firm. If you get no response you could sue the landlord as a group, I imagine that a group of former tenants would have a better chance of winning than just one tenant, might be worth looking into. 

[Ash]

Thanks for your advice.
I had planned all along to be civil and polite when contacting her.
After all, she's a bully, and being rude wouldn't get me anywhere.
But being polite doesn't seem to be working, either.

I e-mailed her and said this:

"I received your letter concerning my security deposit.

Immediately after the flood, I called the building manager and asked about rent.  She informed me that she was not collecting rent and didn't really have any more information for me other than that.  Nobody really knew what was going on as it was kind of crazy in those days following the flood.

I am requesting that you please pro-rate my rent for June and send me the remainder of the deposit.

I did stay there for the first 12 days of the month, so it's perfectly acceptable for you to charge me for those 12 days...which you can take from my deposit.
But I do not feel that I should be charged for the entire month when I didn't stay there the whole time.
Especially due to the extenuating circumstances of the flood.

Please respond at your earliest convenience.

Thank you"

She wrote me back and said:

"All tenants paid a full month's rent for the month of June.If there was not proper written notice given by the tenant in a timely fashion then we were entitled to the full month's rent."

Is she serious!?
How could I give notice in a timely fashion?  It was a damn flood!
What do you think I should do?

[AndyC]

She has the money, and she's throwing the ball back in your court hoping you'll just forget about it and go away. I'd be sorely tempted to take her to small claims court just for being a b***h. Is it just me, or do those couple of sentences somehow manage to come across as smug?

Actually, if all tenants paid for the full month of June, perhaps they are all entitled to a refund of half a month's rent. That might be worth looking into. Or you might just hint to her that, in the interest of fairness to all, you might be pursuing such action. Then see if she thinks holding back half your deposit is worth calling that bluff.

[CheezeFlixz]

I'd have to point out that I wasn't given proper notice regarding the flood, I'd advise her to take up this failure of flood notice with the almighty. Otherwise I'll expect to see a prompt refund of my pro-rated deposit or we call settle this in court, your choice.

 

[Ash]

I'd be sorely tempted to take her to small claims court just for being a b***h. Is it just me, or do those couple of sentences somehow manage to come across as smug?

Not at all.

Trust me, this woman is one of the most cold-hearted and ruthless bi***es I've ever come across.
She simply does not care. 
She's an uppity, 50-something rich b***h who drives a Lexus, looks down her nose at people and is almost impossible to talk to.  Like I said before, she's a bully.

One thing that totally blew me away was the ring on her finger.
The fact that a man actually married her is unbelievable.