I live in West Virginia and moved out of my apartment 2 months early but I supplied my landlord with my last 2 months rent, so I did not break my lease agreement. She visited my apartment and said everything looked clean, except the carpet in one of the bedrooms needed to be replaced due to my cat getting sick while I was gone one day. She said the rest of my security deposit would be returned to me within 90 days. After 90 days passed, I contacted her on several occassions and she would not return my calls and actually told me at one point that my security deposit was in the mail. I sent her a letter via certified mail 120 days after I vacated the unit, she still would not give me any information about my deposit. It's been one year, and I finally filed a claim against the properties. I did not take pictures of the apt. when I moved out, and I afraid this is going to hurt me. What are the chances of me getting back my deposit?
2007-01-22 01:44:12 · 5 answers · asked by mtneerchic01 2 in Business & Finance ➔ Renting & Real Estate
In many states landlords are required by law to provide notice of any damage within a certain time period, usually 90 days. Failure to provide such notice constitutes a waiver of any claim for damages and entitles the tenant to return of the security deposit. Even if WV has no such statute, the landlord's failure to provide notice of damages is evidence that there was no damage. The logical argument is, if you damaged my property I would want to tell you and seek damages.
You should also find out if she rented the apartment during those two months for which you paid rent. If she did, you are entitled to a refund of that money also.
2007-01-22 02:13:30 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I requested my brother in regulation who's a criminal professional in IL. He does a kind of element each and each of the time. He says that is illegitimate. in case you've examine over the settlement for the deposit, and it mentions no longer something about the walk by ability of then you have rather a case on your fingers. he's also reported that in the experience that they under no circumstances deliver you a word telling you what's taking position with the deposit, then it really is unlawful to. he's also reported in a lot of situations, position of abode managers under no circumstances state of their settlement how a renter will receive the notification of what become lower back or taken from the deposit. apparently this must be interior the settlement and no matter if it isn't, then the finished record is void and also you may receive the finished deposit lower back (in case you pick to bypass everywhere with it)
2016-10-15 22:35:36 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Your chances are very good. Stay on this. What she did happens to innocent tenants everyday. Contact the local HUD department to be sure they are not paying anyone's rent that is living in any of her properties.
www.hud.gov
She is breaking the law, you will prevail. As long as you had permission to have the cat. If the cat wasn't on the lease, then just slink away and consider it a life lesson. That is the only case I can think of where she will win.
2007-01-22 01:50:01 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Without "evidence photos" your chances of getting your deposit back are "slim and none". Did she and you sign the inspection sheet? Was the deposit enough to cover the carpet replacement? Can they prove they actually replaced it? Is she a member of the Realtor Association? If so, you can contact her local Board of Realtors and register a complaint.
2007-01-22 01:52:45 · answer #4 · answered by dreamgirl 5 · 0⤊ 0⤋
If it's normal wear and tear, you should get it back, if you damaged it, they can take the cost out and give you the remainder.
2007-01-22 01:48:23 · answer #5 · answered by a_poor_misguided_soul 5 · 0⤊ 0⤋