Month to month lease
8/31 received a notice that the rent was being raised beginning 10/1/07 (notice received 9/2)
gave a verbal and a written notice given to landlord on 9/24/07 that we do not agree to the terms of the new lease and that we would be moving out 10/31/07. (required 1 months notice given)
We received a check dated 12/8/07 in the mail on 12/10/07, postmarked 12/8/07. He deducted the following items from our security deposit.
-Rent increase for October (we only paid the amount due under our current lease since we did not agree to the terms of the new lease)
-Grass cutting while we were on vacation in August 2007.
-Grass cutting on 10/22 and 10/30 (I have no idea why the landlord mowed the lawn on these dates. We were still back and forth between apartments at this time. The neighbor had since moved out and I assumed he was mowing the lawn for her side anyway and just mowed our too.
-Fix wheel on push lawn mower.
I don't see how we could be responsible for any of the above things.
My understanding is that if you don't agree to the new lease payment, you are only required to pay the old amount.
As far as the grass cutting goes when we were on vacation, how can he charge us without giving us notice first.
With the grass cutting in October, I feel he had to give us until the end of our lease on 10/31 to have the lawn cut. If he chose to do it sooner, that is on him.
As far as the wheel on the lawn mower goes, we weren't the only ones using the lawn mower and it in fact actually broke when the landlords grandson was using it.
Also, since technically the deposit wasn't returned within 30 days, can we apply for double damages?
Can I cash the check even though it says "deposit paid in full" on it?