My former landlord is trying to keep my deposit over supposed noise issues that he claims cost him renters. Should I sue to recover?
When I rented, I told him I was the pianist for the local theater. Almost as soon as I moved in, he started complaining about my piano.
He threatened to evict me, but I think his lawyer clued him in that he was going to fail if he attempted to evict me for what is literally my job.
When I moved, he claimed that the renters above and beside me dud not renew their leases because of the noise from my apartment. Someone else not renewing their lease doesn't seem like my problem.
If I sue, will the court make him return my deposit? He didn't allege any actual property damage in his letter.
Answers & Comments
"Pianist for the local theater"? At least you get points for creativity.
In Trollville, anything is possible.
In the real world, in the .001% chance this is a legitimate question:
Sue. He can only keep deposit for physical damage. he immediately loses the argument that your noise is damaging his ability to rent when you have vacated the premises and noise is no longer an issue. Your noise may have been a winning cause of action for eviction, but has nothing to do with the deposit.
He can't withhold rent for this but you would have to go to court to get the money back. Go ahead and take him to court if you think its worth the effort. If you win the court case but he still refuses to give you the money back it would be difficult to enforce the judgement but even if this did happen, keep at it and eventually you'll get your money.
That is not a legal reason to withhold your deposit. Deposits can only be held for actual damage caused to the unit by the tenant or any money the tenant owes.
You being a pianist does NOT automaticaly mean you would be playing in the unit. It is a reasonable assuption that you would be playing AT the theater where you work. Most leases specificaly state musical instruments are not allowed unless specified by the landlord. While it is not a valid reason to keep your deposit, it would have been a valid reason to evict you unless the lease stated the piano was allowed.
What does your contract say? Usually the deposit is for damage you do to your property. He will need to prove monetary loss that you caused which he will have a hard time proving. I would send him a highlighted version of your agreement, the check out form showing no damage, and demand the deposit within 10 days or you will file a small claim.
"I told him I was the pianist for the local theater. Almost as soon as I moved in, he started complaining about my piano." But did you tell him you would be practicing, or just that you're a pianist? I think you're mistaken about his reason for not evicting you earlier. Driving away other residents is grounds for eviction (even if playing piano is your job, which is irrelevant).
Neverthless, you should sue him to get your deposit back because it is supposed to be for property damage only.
in trollville, yes....being a pianist does not mean you would be playing the piano in the apartment.
it is reasonable to expect you were doing your job in the theater, not the apartment.
but you could win because the landlord did not take legal action to mitigate his damages, by issuing you a cure or quit notice and evicting you.
yes, a landlord can charge you for 'loss of business' but only after other legal procedures are followed...like evicting you to prevent loss.
He cannot withhold your deposit for that. You will 100% win if you sue.