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Security Deposit

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#1 sffot31


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Posted 02 September 2009 - 04:00 PM

Last October I moved into an apartment where there was no lease agreement that I had to sign. In the middle of December I decided that since my girlfriend and I wanted to move in together and we were both paying the same amount for rent, I would move in with here since she had a lease and had just signed it in November and I didn't have a lease. I told the apartment manager and Landlord that I would be moving out on January 18th. I notified them 1 week before Christmas which would be 30 days notice. Now 7 months later the landlord still is refusing to give back my security deposit. I have been going back and forth with him and he keeps coming up with more and more excuses why he doesn't feel he should give me back that money. Isn't he required to give the money back if there was nothing wrong when I moved out and even though I wasn't on a lease I still (out of the goodness of my heart) gave him notice? Any help is appreciated

#2 Fallen


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Posted 03 September 2009 - 04:52 AM

First off, let's clear something up -- just because you didn't have a written lease doesn't mean you didn't have a lease/rental agreement.  :) 

Your giving advance notice of termination "out of the goodness of your heart" was a good thing, because it's almost certainly a statutory requirement that either party do so when they want to terminate the tenancy (how much notice, I couldn't tell you).  :)  I gather you haven't read up on your state's landlord-tenant laws.

It's not clear why you think you aren't entitled to the deposit, but you're free to sue him for it in small claims.  I'd send a demand letter first, if you haven't.

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)

#3 Guest_FindLaw_Amir_*

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Posted 11 April 2011 - 07:26 AM

Every state's security deposit laws have guidelines on how long a
landlord has to return a tenant's security deposit. A landlord must
typically provide the tenant with an itemized statement of the repairs
made. If a portion of the security deposit remains after deducting the
cost of repairs, the landlord must return it to the tenant. Most states
require the landlord to return the security deposit to the tenant within
14 to 60 days. A tenant should provide the landlord with a new address.
This will ensure that the landlord can send the unused portion of the
security deposit to the tenant after the rental unit is repaired and
cleaned. If a landlord fails to return a security deposit or fails to provide the
tenant with an itemized list of deductions, the tenant may sue the
landlord in small claims court. If their suit is successful, a tenant
may be able to recover monetary damages that amount to two to three
times the security deposit, court costs, and attorney fees. Keep us posted.

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