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Am I Entitled To My Security Deposit For Breaking My Lease Based On The Landlords Failure To Provide Quiet Enjoyment?
I would think the landlord breached the Quiet Enjoyment clause of the lease (Constructive Eviction). The landlord did not even have the new tenant complete an application and as it turns out, the new tenant wrote me and the landlord bad checks. I immediately vacated the premises and sent a termination letter to my landlord. The landlord then evicted the new tenant. I had already sent my notice and moved out. Should I or am I entitled to my security deposit and prorated rent for the remaining month of rent I paid?
asked 1 year ago
Let me explain a little bit first. First night new tenant moves in: three friends over and an infant sleeping on the floor, bottle of whiskey & beer drinking going on watching football. Party lasts until 11:30+, then an argument breaks out, infant crying, everyone yelling and then they take all leave and return 2/3 hours later. I told the landlord the following morning. I came home the next day and the new tenant's friend and baby were still there. The new tenant was washing his friends clothes (at least 6 loads scattered throughout the living room). I asked him who moved in, and that there was not suppose to be any overnigth guess, kids and loud parties. He verbally assualted me saying that I reported him to the landlord and that it wasn't cool. I did not feel safe or comfortable after this situation and left for the evening. I came back the next evening to get some clothes only to discover the garage door open, exposing all my personal property. I asked the new tenant why the garage door was open and he stated that it was broke. (it was never broke before). I noticed beer bottles strung throughout the garage and noticed cooking utensils (dirty) on my BBQ grill. I opened the grill and it was completely covered in grease and burnt meat. I asked him if he used it and he said that he was going to clean it up. I entered the house to find his friends wife and child still residing in the house. Every light in the house was on and the kitchen was still cluttered from the night before and they were eating takeout food disrespectfully in the living on my expensive furniture. I told him that I would be moving my furniture and TV out of the house tomorrow. I called the landlord and reported the violations and informed him about my safety and personal property. The landlord responded by telling me to tell the new tenant that he was breaking the rules. I informed the landlord that I did and it really isn't my responsibility. Soon after my call to the landlord the new tenant called me and said that the landlord called him again and I was crying about things in the house and that I accused him of breaking the garage. I contacted the landlord back and told him that I do not trust this guy and was there ever a background check done on the new tenant. The landlord said no and that he would talk to him again. I informed the landlord that I was at least going to move my expensive furniture out of the house and would be staying with a friend until this new tenant could be investigated more. The landlord went by the house that evening unannouced and seen first hand the tenants friends at the house, wash being done, broken garage and the house in total disarray. I went by the house every evening to get my mail and a change of clothes. This behavior continued until I went to Texas for Thanksgiving. Upon my return, I had all of the utilities removed from name and told the new tenant to put them in his name. He stated that he did and this wasn't true. The gas remained in my name and was the highest bill the house had ever had. I immediately called the new tenant and told him that I was taking the gas bill out of my name and he needed to have it put in his name. He said he would. A couple of days later, I went by the house and there was no heat. (he never put the gas bill in his name). I immediately took some clothes and left the house. The following weekend I moved my bed and bedroom belongings into my girlfriends house. I offered the new tenant a bed, tv, dining room table and several other pieces of furniture, because he did not possess anything but clothes. He was using my blankets and housing his friends on the floor without my permission. He offered me a check for the items and I accepted. Several days later, I told the landlord that I wasn't staying in the house, because I could not trust, or feel comfortable in the new tenants presence, let alone have him and his friends destroy my personal belongings. A few days later, I requested that the landlord visit the house to experience what I was exposed to. Again, I asked the landlord if the new tenant had a job, what's his background, references, etc and he said that he didn't know. The next day I met the landlord at the house to show him the disarray and situation that I was suppose to live in. The landlord told me that the new tenant's rent check and security deposit bounced and that the new tenant had several other bad checks written to retailers in the area. I immediately thought about the check that he gave me and I called my bank to discover that is had bounced also. I went home and sent the landlord a 30 day written notice that I was terminating the lease. He never responded until I contacted him and informed him that 30 days was up and I wanted to conduct a walk through inspection and return the keys. At this time, he stated that he was not going to give me prorated rent for the month that I paid in advance or my security deposit. He further stated that he would take me to court and demand that I pay the remaining months of the lease. What do you think now? The landlord was desparate to fill the other room, failed to have the new tenant complete an application, never consulted with me, and ended up losing three tenants.
comment made by Lease 1 year ago
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