H
halltristan
Guest
A while back a friend of mine was told to leave his apartment - that if he didn't he would be evicted. Problem one is that this person still had a lease in place that did not expire until July 11th. After the apartment management repeatedly threatened this person, he finally left on May 22cd (almost two months before the lease expired) and relocated.
Upon exiting, management performed an exit inspection in which this person was given a written copy stating that apartment was in same condition as move in. Now, nearly two months later, apartments refuse to return $400 deposit for the sole reason of "failure to meet one year lease agreement" - HOWEVER, keep in mind that this person was told that if he didn't leave he would be evicted.
My logic is the apartments broke the lease, not the tenant, and therefore he should be entitled to his deposit return. To make matters more complicated, aside from threatening eviction, the same apartments on two occasions threatened the same person with criminal charges of vandalism - one of which even after this person had already moved. My research shows that there are no police reports of these incidents and it is entirely possible to be fictional. It appears that the apartments not only threatened eviction but fictional charges to scare this person away from his apartment. Within five days of this person leaving, new tenants had already moved into the apartment.
I need to know of any laws that would support the tenant in this situation. Any advice whatsoever would be appreciated. I am very unfamiliar with Kentucky landlord/tenant laws and have had trouble thus far.
Tenant did have three noise complaints, however keep in mind that no eviction notice was given. Had that happened the tenant would no longer be required to pay rent until the eviction was complete. In this situation, tenant was told to leave or be evicted, which is still breech upon the apartment's behalf.
Tenant has two other witnesses that corroborate eviction / criminal threats. It should also be noted that when tenant asked for the return of his deposit, in written form on "failure to meet one year lease requirement" was given, however on the phone they still tried to bring up the fictional police reports - which is completely irrelevant.
Upon exiting, management performed an exit inspection in which this person was given a written copy stating that apartment was in same condition as move in. Now, nearly two months later, apartments refuse to return $400 deposit for the sole reason of "failure to meet one year lease agreement" - HOWEVER, keep in mind that this person was told that if he didn't leave he would be evicted.
My logic is the apartments broke the lease, not the tenant, and therefore he should be entitled to his deposit return. To make matters more complicated, aside from threatening eviction, the same apartments on two occasions threatened the same person with criminal charges of vandalism - one of which even after this person had already moved. My research shows that there are no police reports of these incidents and it is entirely possible to be fictional. It appears that the apartments not only threatened eviction but fictional charges to scare this person away from his apartment. Within five days of this person leaving, new tenants had already moved into the apartment.
I need to know of any laws that would support the tenant in this situation. Any advice whatsoever would be appreciated. I am very unfamiliar with Kentucky landlord/tenant laws and have had trouble thus far.
Tenant did have three noise complaints, however keep in mind that no eviction notice was given. Had that happened the tenant would no longer be required to pay rent until the eviction was complete. In this situation, tenant was told to leave or be evicted, which is still breech upon the apartment's behalf.
Tenant has two other witnesses that corroborate eviction / criminal threats. It should also be noted that when tenant asked for the return of his deposit, in written form on "failure to meet one year lease requirement" was given, however on the phone they still tried to bring up the fictional police reports - which is completely irrelevant.