Landlord Took 10 Days Rent Out of Security Deposit

[hoss12]

My question involves a security deposit in the State of: South Carolina

Ok, Landlord has been verbally abusive and often took 2weeks+ to make repairs over the course of our lease (basically we knew we were going to get screwed).

We put in our 30 days notice after 16 mo, which actually had to be extended to the end of the following month making it a 45 day notice. We have several correspondences stating that we were moving on the 30th. Beginning about 15 days before our move-out date he would send emails at 3a.m. as he worked nights saying he was bringing prospective tenants the next day. This required us to leave work early to get the dogs out of the house. Often he never showed up for these appointments. The last week we were there he would set up and cancel appointments everyday. We became very fed up as we were moving and boxes were everywhere so we asked that he just wait one more day so we could get our stuff out but he said that he would not change it b/c he had already 'pre-aproved' these prospects and they were very interested. So, he was 30 minutes late to his appt with the prospective tenants and we eventually showed them the place ourselves. Then he shows up and we left b/c we have nothing to say after all of his nasty emails (which we have). SO HE WAS IN OUR APT THE NIGHT BEFORE WE MOVED OUT!!!

Movers moved us out the next day (have receipt) We left the keys under the mat and left. We went back ~5 days later to check mail, landlord had the key box thing on the door...he had been there. We waited to hear from him. We checked mail again and there was none, we checked to see if he had taken the keys and he had not, we decided to put them inside but the locks had already been changed. We wrote him on the 10th to give our new address, to get our mail, and tell him that the keys were there. We would have sooner but he was such a #@%# the entire time we were trying to move out we needed a few days, plus we were under the impression he had someone moving in.

He said he didn't know we had left but we know he was there. We also asked to be present for inspection but he said it was already done...yet we were still living there?!?!

Anyway, he kept $300 for not knowing where keys were and an additional $250 for a fan pull?? and a "dirty oven" (we also have receipts for the maid service and carpet cleaner---also charged for).

I want so badly to take him to court, as he knows that he is lying and what he has done was not honest or in good faith. This is a principle thing for us...a security deposit should be just that...not extra $$$ for the landlord b/c their prospective tenants fell through.

Do we have a case?

[LawResearcherMissy]

Do we have a case?

Probably not.

When you move out, it is your responsibility to return complete control of the unit back to the landlord. That means dropping the keys off with him. If you do not do so, or do not make specific arrangements for him to recover the keys, you have not returned complete control of the unit to the landlord, and typically, he's permitted to continue to charge you rent until you do so.

Your landlord may well have been a complete tool, but by waiting 10 days to tell him where to find the keys, it seems you've shot yourself in the foot - regardless of the fact that he had already changed the locks.

[Mr. Knowitall]

If the landlord took possession and changed the locks, assuming you were clear on the date of your move-out and were in fact moved out on time, I think you have a decent argument that the rekeying ended your responsibility for rent. If the locksmith charged $300, it seems reasonable to pass that cost on to you.

The "fan pull" charge is for what? The complete replacement of the fixture by a licensed electrician?