Legal Question in Securities Law in Alabama
we were on a month to month with the landlord, we told her in an e-mail and on phone in Jan 2010 that we are looking for another place to live, she responded to please please please dont move out, it would financially damage her. so we told her we would put the place up for rent for her, and as soon as someone was interested we would be out, she said fine. we cleaned the entire home, to include cleaning the rugs and bathrooms stove and refrigerator, took picture of it afterwards(she doesnt know the picture that i took pictures. Now she says there was damage, repairs and cleaning fees that she is taking out of the security deposit and we probably wont have any money left to get back. what can I do? she says we didn't give a 30 day notices to vacate, but she was ready to let new tenants move in before the ending of feb. 2010. need help on getting back my depsoit so what can i do?
please help
1 Answer from Attorneys
Sue her in small claims court and ask for your money back as well as cost of court. She has a responsibility to mitigate any damages, such as loss of income for your failure to give a 30 day notice. since she had someone move in, then there is mitigation already of the loss of income. Then as far as cleaning, she would have to prove what she had to do.