Sign in to follow this  
Followers 0
sffot31

Security Deposit

3 posts in this topic

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

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites
Sign in to follow this  
Followers 0