Posted by Sarah on June 26, 2000 at 13:58:07:
Houston TX, rented single apartment from an individual owner.
Due to an abusive relationship, I had to move out of the apartment I shared w/my ex fiance 4 months before the lease was up. I still paid rent for the first month I wasn't there (and also gave a note to my Landlord on where to contact me), but he stayed and paid the entire rent for the last 3 months. On the last day of the lease (5/31/00)I sent a Certified letter to the Landlord w/my new address for the return of my 1/2 the Security Deposit. After 20 days the letter was returned to me stamped "Unclaimed". I then called and left a message on the Landlord's answering machine, leaving my address and phone number. They called me back and said that they had never received notice for the Certified Letter, and that they had just RENEWED the lease(w/out my name) w/my Ex, and carried over the Security Deposit from our Original Lease. I argued that this should be considered a NEW lease, and that I should be refunded my 1/2 the Security Deposit. I was told I should just "let it go", or they could write a check to both of us, give it to my Ex, and I could try to get it from HIM. I was also told that the Landlord will be turning the apartment over to "Property Management" in January 2001. They suggested I send another letter requesting my name be removed from the lease starting from the day that I moved out, but to NOT send it Certified. I went ahead and sent another certified letter(along w/a copy of the Previous one that was never picked up), stating that I want the new Landlord(s) to be aware of the situation, and that I wish to be notified when the Security Deposit is to be refunded. This was 3 days ago, so I'm still waiting to see it this one will also be returned. I have two questions:
1) Has the Landlord acted in Bad Faith by rolling over the original Security Deposit for the new lease, w/out notifying me, when they KNEW I was no longer there?
2) When he finally DOES move out, will the refund be made out only to him because my name isn't on the current lease, or do they have to go back to the ORIGINAL lease which had both our names on it?
Thank you for your help!
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