Housing situation from CL

[raindrop]

I responded to a CL ad about taking over the rent for a woman during the summer while she is out-of-state. She is a Pharmacy Student and seemed nice enough. The apartment is furnished with her bed/dresser/couch/tv/cable/wifi. These things were also listed in her advertisement. Linens, cooking utensils, etc are on me. She wanted a 500.00 deposit in case I did something to her belongings. She said she was going to cash my deposit so that I could not put a hold on the check in case something was missing, ruined, etc. She said on the key exchange day, she will give me a 500 check after she does a walk thru. I've been living here since June 1st.

A week after I moved in, her complex left a note under her door thanking her for renewing her lease. I was a but surprised to see what her rent was listed as b/c I am definetely paying her a lot more. But, it's furnished, I get it. And I was was enjoyjng my time here until July 1st.

July 1st, I couldn't log on to WIFI or get any stations to come thru. I was busy working the next 2 days so I let it go thinking it would work the next time I tried. But it did not. I took it upon myself to call Xfinity, thinking it was a technical problem and hoping they would troubleshoot it by phone. They asked for my name and I just gave them her name. The Xfinity operator then said, "Mrs. Smith, this isn't a technical problem. We put your service on vacation hold from July 1st until Sept 1st per your request on June 12th." I played dumb and got off the phone. I couldn't believe my ears. That little snake!

I sent her a text telling her what I know. She played dumb and acted like her BF must have done it w/o her knowledge, and she promised to get to get it right. Well, I haven't heard back from her and I still don't have cable/wifi.

I am fine w/o it luckily, but how do I approach this in August 1st when my final rent is due? Do I automatically deduct money from my rent for not having cable in July and presumably August? Also, now that she has broken my trust, I'd like to deduct my deposit from August rent bc I simply don't trust that I'll get it back after this stunt. A friend wonders if she was going to keep my deposit claiming I did something to the TV. Who knows!

What should I do?

ETA: I pay her via PayPal.

[NedRN]

I would order wifi, pay the last month's rent less a couple month's wifi and less $500. If that is too much stress, $500 isn't enough to get all shook up about. Cheap lesson.

Recently this year, I also had an issue with roommates. They knew my situation, but I gave formal notice anyway 30 days prior. They started harassing me a couple weeks later saying they couldn't find anyone else (not having looked as far as I could tell). I ended up leaving a week early because I just didn't want to deal with it. I had a friend's house to stay in for the week, and then moved on to another rental. The full story is too long, but really, that is about as bad as I've had it in 20 years of travel - it hurts to have lost a week's rent, but the big picture is that it was cheap.

[BD-RN, BSN, RN]

I would simply email her stating that per your rental agreement, the place is to include wifi. Because the wifi has been turned off, you are forced to get your own and will be deducting the total cost off the next month's rent. It will either light a fire under her butt or she'll be out the money.

As far as the deposit: you can't just deduct it since it is a deposit based on potential damages, etc. you'll have to wait that one out.

In CA there is a 30 day grace period for returning a deposit. In other states it may be longer. Your only option there (if you insist on the $500) is to take her to court if she doesn't return the deposit in the time allowed by law.

[eager1hasbegun]

Big question is: do you have a written lease? You don't want to do anything that will break the lease and come back to bite you later. If there is no lease, I would do what NedRN suggested. Big lesson? get it in writing. I found a place on craigslist and asked the person to go through airbnb, which she had no problem with. That way, I know I won't get scammed for my money, and if there's a problem, it's easy to get a neutral 3rd party involved to resolve the issue.

[RuthRo]

As the owner of several rental properties you should review and abide by your lease as it is the legal contract you made with the landowner. My best advice to all renters is take pictures of EVERYTHING at move in and move out as there are many who want to keep your deposit and it often becomes a she said/she said case regarding the condition of the premises. There are tenant/landlord laws in every state that can be accessed online. Small claims court is an option but you will need proof of your claim. I would ask the wifi company to send you a copy of the shut off request as proof that she shut it off. It is correct that you are entitled to a written copy listing any part of the deposit that is being withheld within the time limit set by the state, usually 30 days from move out, be sure to give her your new address. Good luck!

[NedRN]

Why would the OP need proof that the landlord shut down the WiFi? It is landlord's breach of contract at issue here. Given a total lack of trust here, it is far safer to withhold the deposit and let the landlord take the tenant to court for a remedy that will be moot by that time.

[caliotter3]

When I landlorded in CA, it was three weeks for return of deposit, so make sure you check the current landlord-tenant laws.