W/O a written contract can a landlord hold your deposit if nothing wrong when you move out?

Question

After living in a basement apt for two weeks we find out the landlord(lives upstairs)grows pot in back yard, and smokes it. We both work at a no nonsense job, where we could be terminated for something like this. We gave a weeks notice and moved out. We had paid the rent, and he gave a thumbs up on the walk trough of the apt. Now he won't return our security deposit. What can we do to get it back?

Answer 1

The answer to your header question is "depends what the judge says." Normally, a contract regarding real property must be in writing, however, the deposit was on what type of a rental contract, a lease for a specified period of time? a month to month rental contract?

I have to agree with the person who stated that you should take him to small claims court. Once he receives the papers, he'll know that you are serious and he also knows what you will HAVE to say in court, i.e. - the reason you are moving. In North Carolina, as in most states, a magistrate judge or a District Court judge will hear the case. Your landlord will not want you saying under oath that he grows marijuana in his back yard.

You should demand moving costs, etc. in your small claims complaint since he will likely want to settle before your court date and this will compensate you for the pain of having to move twice in a single month. If the two of you settle before your court date, you can simply get the complaint dismissed by not showing for court on the day and time that you were supposed to be there. Make certain that if there is a settlement offer, that you receive cash, money orders, or a cashier's check since he is likely going to be livid having to settle.

Good luck!

Answer 2

You have or had a landlord that grows and smokes pot? You went about this the wrong way you stupid, stupid people. I would love to have a landlord that grows and smokes pot, I would have hit him up for some weed and maintained a good relationship with him, that way anything bad ever happens between you, you have the upper hand. And why are you so against pot, would you have rather had drunk for a landlord? Leave pot be and any of you punks out there suggesting that they go to cops should have the crap beaten out of them. This is not violent or a crime against another human, its a bullshit political law that should not exsist. You fu*king narcs!

Answer 3

Theres a site on the web called "The Landlord Tenant Act" it tells you all the rights of both the Tenant and the Landlord. He has 30 days to return your deposit or you can take it to small claims court.

Answer 4

if there is nothing wrong in the apartment, that is in the eyes of the landlord and you can not prove different without a written contract. so play snitch and get even if you could live with yourself after that, if not call it experience and get everything in writing next time.

Answer 5

I would call the cops and turn him in.
I would file in small claims court for your deposit.

With the police report and your copy of the receipt, he will be ordered to pay you.

Or you can tell him to pay you now, or you will have no choice but to turn him into the authorities.

Good luck.

Answer 6

If all the terms of agreement have been meet and nothing has been damagedyou should be entitled to recover your security money

Answer 7

Tell the cops he growing pot, then when he in jail clean his house out to sell what you can to get your money back.

Answer 8

Sue. But that will cost money. without a contract theirs not much you can do. For payback you can call the police.

Answer 9

Did you get a receipt for the deposit?

If not, then you're out of luck.

It's your word against his.

Answer 10

Time to sue in small claims court.It will cost you about 60.00 but I bet you win.