Bizarre landlord issue



ORIGINAL POST
Posted by bertstandards 9 yrs ago
My landlord is looking to withhold our two month's rent security deposit of $30,000.

As the end of our one-year lease is approaching on April 15th, I gave him a courtesy text a couple of days ago to thank him for being a reliable landlord and to inform him we would be moving out on the 15th - the last day of our contract.

He messaged me back: "You must provide 2 months notice. (Plz see Break Clause of Tenancy Agreement), so you should move out on June 15th."

The 'break clause' he speaks of is the standard 'break of contract' clause that quite clearly states that if we end the agreement "early" (very specifically - it says EARLY!) we are required to give two month's notice (or obviously alternatively, he will keep our security deposit).

I tried many times in a phone call to explain to him that we are not breaking the contract, we are merely choosing not to renew our tenancy - I even said we'd be happy to vacate whenever he wants to show prospective tenants around. He simply kept saying: "the contract says you have to give two month's notice."

I'm not sure what to do for the best here. I have a new place lined-up to move into from April 15th (now, actually) and I need my deposit back.

He wants to meet to discuss the matter on Saturday - I tried to insist we meet sooner, but tellingly he said Saturday was the earliest we could meet. My suspicious side has me thinking he wants to see the last month of rent clear before we meet, but I could be being too suspicious!

I'm not sure whether his English is such that he doesn't understand what that 'clause' actually means, although I'm pretty sure he's simply trying to withhold the deposit.

The last rent payment for the final month was set to leave my account in a few days, and I cancelled that direct debit with the bank after reading some other posts on this forum as I really cannot afford to lose any more money, but as far as what I do after that goes and what I should do now towards getting my deposit back, I could really use some advice.

Any thoughts would be greatly appreciated.

Thanks.

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COMMENTS
hd3017 9 yrs ago
Hi, there. I am no lawyer but from logical point you are correct. That is why there is a last day for contract. Just like work, you can continue with a new contract or if it expire you can leave the company on that day. (The company won't expect you to hand them a resign letter one month before the expire date.... Which sounds crazy... LOL) (Leave at the end of a contract is DIFFERENT than Resignation)

He is not being reasonable. If he don't give you money back after the contract expired. You call the police and ask them to mark down this case. Because after the due date, he is illegally holding your money. I standby your side. But honesty, I don't think you can get your money back soon if you play nice. If he insist inform him you will acknowledge the police on the last day of your contract and see if that scare him. Good luck!

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scorpio01 9 yrs ago
send a notice of vacating by registered post, ask him to hand over rent and you will hand over keys,

keep sending him registered notices every week or so after the expiry date as reminder to meet to hand over keys and return deposit.

if he doesnt then you have proof that you gave notice, if he tries to break the locks and enter then he will be breaking the law

thats how it worked for me in an earlier tenancy.

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bertstandards 9 yrs ago
Thanks for the advice. I will keep this in mind for sure

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