My landlord decided to sell the house that we were living in, but he assured me that he wouldn't sell until our lease was up. Then about two weeks later he went back on his promise and showed up with a For Sale sign. Most people wouldn't balk at that, but after living through Katrina and losing everything we own, we panicked because in our mind we were going to be out on the streets again, less than a year after the storm. So I worked overtime to find another place in a neighboring town, the problem was, I was late on my rent, and I needed any incoming money to put down on a downpayment on this other place.

So I drafted a letter (and placed a phone call)to the landlord explaining what I was doing, and gave him $120.00 for the utilities, and a promissory note for the remaining rent. I expected to be able to pay him within 14 days. He acted as if he was okay with that, then a couple days later I got a seven day notice to terminate the lease. I was able to pay him the money I owed him in 6 days.
Which probably upset him as now he would have to accept the money and abide by the lease which ends on the 31st of August.

On the 19th of August he called and asked for permission (only since now he has to abide by the lease) to show the house to a prospective buyer and was noticeably respectful compared to before. I granted his request.


We would go back to the house every 2-3 days to clean up and grab a few boxes to bring to the new house.

On Sunday the 26th, he just shows up at the house (NO PRIOR NOTICE)while we are cleaning and asked if he could cut the grass. I was going to do it myself, but we again granted his request.


So then on yesterday, the 29th, my wife and I go back to the house to do a final touch up and walkthrough, and guess who is in the house painting, and cutting tile? That's right, my landlord. All the things we asked him in writing to do almost a YEAR before, he was repairing now, for the BUYERS. Not only that, he never called and asked for permission to enter, as he did as recently as a week before. We got into a verbal confrontation, and my wife and I asked him to leave. He refused and we called the police, and before they could show up, he ran to his truck and left.

Is this breaking and entering? Does anyone think this guy is repairing everything himself in order to make the house attractive for buyers, and take the cost of "supplies" out of our security deposit? If he is going to make all those repairs that we are not responsible for, should he just return the deposit and call it a day?

You are worried he will take your deposit for repairs.

Do you have in writing that he was supposed to fix those when you moved in? Or a statement showing the condition the place was in before you moved there.

Do you have pictures of the place before and after your move? Even pictures you took of each other at other times may show the overall condition of the place for proof.

Yes, that is exactly what I am worried about. Yes, I have a statement in writing, and a witness who was there at the house when I discussed the repairs with him, and he acknowledged that they should be made and he would complete them. I have a comprehensive list of repairs that I presented to him at that time and this witness was present for that as well. I have hundreds of pictures over the time that I lived in the house of the condition of the house.

While it sounds as if you would have full proof to get your deposit back because there are no needed repairs from you, there are still a couple of things that could allow him to keep the deposit.

If your lease stated something like needing 60 days written notice to leave, then he could claim rent due if you notified him less than 60 days. That would all depend upon your lease and how you worked that part out. Even if your lease was up on August 31st, you may still be required to give the 60 day notice because the lease goes to a month to month lease when it is up and no new lease is signed.

I only mention this because if you are both on bad terms now, he may try anything possible to keep your money.

Well, here is the kicker, the original lease would have ended in October. But because he is rushing to sell the house, he agreed to let me out of the lease early and completely (August 31, 2006). I have a signed document from him stating this. So... do I have him tied up neatly?

I usually wouldn't be so combative in a situation like this, but this guy is so arrogant, I just can't resist. In the nasty letters he's sent, he always quotes Kentucky legal statutes, but only the ones that pertain to his rights. I think he missed the part that deals with the rights of the tenant. :)

And by the way, I want to thank you for the advice. It's nice to know there is place to go when you really need some help. :)

Here (http://www.lrc.state.ky.us/KRS/383-00/580.PDF) is the Kentucky statute of the Landlord and Tenant act that outlines how the security deposit is to be handled. The landlord obviously did not compile a list of damages he planned to hold you responsible for PRIOR to beginning repairs on the property. He should have presented such a list to you and allowed you to inspect the property and sign the list (unless you disagreed with the damages he was holding you accountable for).

Since you and the landlord both agreed to an early termination of your tenancy AND you have it in writing, signed by the landlord, seems to me that he would have no leg to stand on if he chose to accuse you of breaching the rental contract.