I didn't owe any back rent but missed my court date. Lived there for 15months. Did not resign a new lease.
2006-12-23 12:51:24 · 9 answers · asked by sams81 2 in Business & Finance ➔ Renting & Real Estate
Court date? Getting your deposit back would depend on why you were in court, and the condition of the apartment when you left.
2006-12-23 13:19:35 · answer #1 · answered by Judy 7 · 0⤊ 0⤋
Wait, hold on. Was your lease for 12 months?? If you lived there past the 12 months and he accepted rent from you for the 13th month then you in essence have a month to month lease with him. He doesn't have the right to evict you unless he has given you notice to vacate and you refused.
You're probably out of luck in getting your deposit back since he missed court. He'll use the deposit as a credit for evicting you.
2006-12-23 14:03:59 · answer #2 · answered by El_Nimo 3 · 0⤊ 0⤋
If you were evicted, it was because you in some way shape or form you broke some sort of conditions of your lease. Being a real estate investor and landlord myself, I would not be liable to repay a security deposit if I were to evict someone for breaking the terms of my lease, whether it is for non-payment or damage, etc. You could go to landlord tenate court but you better lawyer up, and in the end, could spend more than the security deposit. Anyways, good luck with this.
2006-12-23 17:26:53 · answer #3 · answered by Kenneth C 6 · 1⤊ 0⤋
All above looked good, but I'd like to clarify on AJ's comment. Don't rely on his timeframes and dollar figures completely. In Colorado, the landlord has 30 days to give you the itemized list of reasons why you won't get your full deposit back (although that can be extended to 60 days if placed in the lease) and you can sue for 3 times damages if you don't receive this information.
That being said, get online and see what your state says about it.
2006-12-23 17:52:02 · answer #4 · answered by trblmkr30 4 · 0⤊ 0⤋
First of all, the Security Deposit is to cover physical damages to the apartment beyond normal wear and tear. The landlord as 14 days to send you an itemized list of damages and amount withheld from security deposit with a check for any remaining money.
However, you can inform the landlord that he can use whatever is left of the deposit for other debts, ie rent. This does not relieve the landlord of his obligation to give you the itemized list of damages.
If the landlord does not send you the itemized list of damages to the apartment within the alotted timeframe, you can go to court and sue for twice the amount of your security deposit.
2006-12-23 16:29:16 · answer #5 · answered by AJ 7 · 0⤊ 0⤋
It depends.
If you didn't owe any back rent and had no damages, I would say yes.
2006-12-25 18:33:23 · answer #6 · answered by BoomChikkaBoom 6 · 0⤊ 0⤋
Why are you being evicted, was damaged down to the place? If so, then no.
2006-12-23 13:24:09 · answer #7 · answered by loladrewblue 4 · 0⤊ 0⤋
that's up to the landlord but you probably won't as it would be used as costs for finding someone else and fix up costs.
2006-12-23 12:55:14 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Ask for it, if not returned, Small ClaimsCourt.
2006-12-23 12:58:48 · answer #9 · answered by Ivon 1 · 0⤊ 1⤋