Devin Polix's Testimony
I was renting a house that is slated for demolition in three months. I have moved out and nobody is living in my old place. There were cigarette burns on the carpet and my landlord told me he was going to keep my damage deposit. I don’t think this is fair because the building is going to be torn down. I would like my $1500 damage deposit back.
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Imperial Managment's Testimony
As a tenant, it was Devin’s responsibility to pay his rent in a timely fashion. At present we still do not have the two previous months $600 /mo. payments totaling $1200. If Devin pays for the previous two months rent, we will gladly refund his damage deposit even though he paid late.
Case Decision
It was my pleasure to mediate this case; both parties were concise in their testimony and pleasant to deal with. Quite interesting situation as well.
It seems to me that this case is quite clear-cut. Imperial Management is being quite fair in their offer to refund the full damage deposit even though the other party has not been timely in paying rent. My decision is as follows:
Devin, you should pay the outstanding rent owing to Imperial Management. It wasn’t right to withhold this money for any reason. If you do pay your outstanding rent in the amount of $1200, Imperial Management is required to repay your full damage deposit. However, if you neglect to pay this amount, Imperial Management has full right to keep your full damage deposit.
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Neil Gilbert