When I was a student, we had a rented flat that we obviously retained with a deposit. During our tennancy, we had a blockage in the drains, and our landlord never returned our deposits at the end of the tennancy. He never gave reason until I managed to reach him, when he said he wouldn't be returning them for the said reason. He refused to provide any evidence of the cost of the repairs, or confirmation that we caused it.
What are my prospects of making a recovery?
2006-11-22 07:28:18 · 7 answers · asked by David B 1 in Politics & Government ➔ Law & Ethics
depends on your state law but usually it has to be in writing within a certain amount of time
2006-11-22 07:36:13 · answer #1 · answered by goodtimesgladly 5 · 0⤊ 0⤋
The right to the return of a rental deposit is governed by state law. Here in California, the landlord has a limited period of time to return the deposit or to provide an accounting of how the deposit was used. The deposit can be applied toward damage repairs, unpaid rent and other items. The laws of your state may be different.
If you cant get the deposit back, you can file an action in small claims court or see if there is a government agency in your area that handles these types of complaints.
2006-11-22 15:41:05 · answer #2 · answered by Carl 7 · 0⤊ 0⤋
You and whomever else is on the lease will need to file a small claims case against him. He will have to show the damage was not normal wear and tear of the unit. A clogged drain is something that happens all the time (unless someone did something stupid like pour grease or hot wax in the drain.) This is a normal routine repair any landlord should expect to fix.
The court is likely to rule for you and perhaps give you interest as well. You will also get back the cost of taking him to court including your lawyer.
Seek a lawyer in your area to talk to. Most will give a free initial consultation.
2006-11-22 15:41:59 · answer #3 · answered by my_iq_135 5 · 0⤊ 0⤋
I would take him to small claims court. Depending on where you live, deposits are governed by laws. If you are denied the return of a deposit, you are allowed to have a reason given. That reason must be based on fact.
2006-11-22 15:31:33 · answer #4 · answered by united9198 7 · 0⤊ 0⤋
small claims court, it doesn't cost much and he can't keep your deposit for things like that, my landlord tried to do the same thing cause the bathroom sink was clogged and she tried to keep a 750.00 deposit, judge said no, that is considered everyday wear and tear...
2006-11-22 15:38:59 · answer #5 · answered by misty 2 · 0⤊ 0⤋
You can take him to a small claims court. I think the burden of proof would be on him at that point.
2006-11-22 18:13:04 · answer #6 · answered by Gypsy Girl 7 · 0⤊ 0⤋
Sue him in small claims court
2006-11-22 16:04:08 · answer #7 · answered by Svartalf 6 · 0⤊ 0⤋