Landlord will not give back security deposit for apartment, when it was left in better shape than when moving in. What are my rights?
2007-01-09 04:52:54 · 8 answers · asked by Eliza 1 in Business & Finance ➔ Renting & Real Estate
They're required to send you a itemized list of the damages that make up your deposit, OR return the deposit (full/partial) within 10-14 days depending on your state.
Look up the landlord tenant laws and cite the law as it applies and ask for the list if he claims it used it up.
After that it would be up to you to sue and prove that the damages he listed where not your fault...but this can be hard unless you have pictures!
2007-01-09 04:56:36 · answer #1 · answered by Anonymous · 0⤊ 0⤋
In Colorado, by law, the landlord must return the full deposit within 30 days (60 days if it's in the original lease). They can return less than that with a detailed, written explanation, but they must do this within the time period above.
If the landlord does not do this, you give them notice via certified mail that you're demanding your deposit returned. Then you go to small claims court. In this state, if the landlord does not return your money, and does not give good reasons why he/she didn't return the money, the tenant may be entitled to up to 3 times the amount of the security deposit as damages.
Good luck!
2007-01-09 05:03:00 · answer #2 · answered by trblmkr30 4 · 0⤊ 0⤋
That veries by the state you live in. I would suggest googling for the answer as follows.
"landlord tenant law" XX
Where you replace the XX with your state abreviation.
In NJ the landlord has 30 days to either return the deposit or give your a written statement which explains any and all deductions. If he fails to do this you may sue for 2x what he fails to return. Not all states are that good though.
I know because I am sueing my ex-landlord right now under that law. He is and was a Mother Fkr. And I will be laughing all the way to the bank LOL.
2007-01-09 05:05:16 · answer #3 · answered by Kdude 4 · 0⤊ 0⤋
Start off by asking (nicely) when will they release your security deposit. Like the previous answer, they are required to release it within a certain amout of time after you've ended your contract. Contact them either through e-mail or regular mail. This will make it clear if there is an actual reason why the landlord is keeping your security. If this is the case, be prepared to show evidence to the contrary. You also have documented your correspondence if needed in a court of law.
Good luck.
2007-01-09 05:06:41 · answer #4 · answered by somatek 2 · 0⤊ 0⤋
It depends on what state you are living in. If it is California, then you're in luck because California has some of the most renter-friendly laws in the country.
In California, the landlord has 21 days (I think?) to provide to the renter, in writing, an itemized list of what is to be withheld from the security deposit. It is also specific as to what can be withheld and what cannot (i.e. the landlord cannot charge for normal wear and tear). If the list is not provided within the specific timeframe, the landlord waives their right to keep ANY of the deposit, regardless of whether it is warranted or not. The renter can then sue in small claims court and the court can reward triple damages.
2007-01-09 05:00:17 · answer #5 · answered by jseah114 6 · 0⤊ 1⤋
file a case against the landlord, I had a case like that this past spring and did not act on it ,I got 150.00 and my deposit was $1300.00, he said I did not paint and there was some wall paper that was there when I moved in coming off the wall ,he was told a year before that(I was in the house for 3 years, he just wanted me to get the house ready for the next tenants ,didn't want to lose any money ,I move out of the front and someone else move in the back door all in the same day,you go get your deposit and don't forget your intrest on that deposit
2007-01-09 05:07:50 · answer #6 · answered by elizabeth_davis28 6 · 0⤊ 0⤋
you received't receive any monetary organisation statements with regards to your safe practices deposit. the owner must have it in an pastime baring reductions account, yet you received't see that till you've been lengthy gone variety the apartment 30 days. Your landlord has that lengthy to deliver you an itemized record of any expenses for damage, lower back lease etc. The stability could be lower back to you
2016-12-28 12:56:38 · answer #7 · answered by ? 3 · 0⤊ 0⤋
The site listed below has a lot of information on renter's rights as well as various sample letters to write to the landlord. Hope it helps.
2007-01-09 05:18:16 · answer #8 · answered by finn 3 · 0⤊ 0⤋