2007-02-13 00:53:30 · 17 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
have you documented any of these problems,pictures,eye witnesses? You can go to your local county courthouse and file a small claim suit against your landlord. Most court clerks are very helpful in helping you through each step.Good luck.
2007-02-13 01:04:36 · answer #1 · answered by karen b 2 · 1⤊ 0⤋
In some states it is illegal for the landlord to simply keep a deposit. In Maine, the landlord must refund the deposit, then sue for it. I would suggest looking up laws in your own state. It sounds like you might need legal advice. There is usually a hotline you can call.
If you intend to go through small claims, be prepared to have evidence of poor living conditions and your efforts to have repairs made. If you can't show the place was substandard and he refused maintenance, you are only going to help him prove he was justified in keeping the deposit due to the broken lease. Watch lots of "Judge Judy" before proceeding.
2007-02-13 01:10:36 · answer #2 · answered by Medusa 4 · 0⤊ 0⤋
there is nothing that you can do even in small claims court since you broke the contract......by now I am sure you know you should have gone to court to get out of your lease by showing proof of unlivable conditions and not withholding rent in your pocket but should have deposited it in a secure "escrow account" while the court proceedings were taking place that way you could not have lost. If conditions were unlivable the landlord would have had 30 days @ to make repairs and make his property livable or his building would have been condemned, and if "that" would have happened he would have had to pay for your relocation as far as rental fees are concerned.
2007-02-13 02:54:20 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Here in New Hampshire, we can with-hold rent if the housing is in poor living conditions. Before you do this, you MUST put the repairs in writing to the landlord. If he doesn't respond you need proof of these damages. You can have a town/city building inspector come in and give you an assessment. This will give you further proof when you go to court.
If you have the damages in writing and the landlord fixes the issues, then you need to pay him back in full. Do not spend your rent money that you are with-holding, because he can take you to court for unpaid rent.
If the damages were done by you and your family/guests, you are not required to get your deposit back. If you are able to prove that it is wear and tear and the building itself is in need of repairs, then you can have the building inspector with you and take PICTURES and document everything.
Basically, if you did not document everything and follow proper protocol, your landlord is not required to give you the deposit back.
You are not 100% clear on your question, so I am covering a couple of the issues you could be referring to. I hope one of my paragraphs answers your question. Of course more information is usually helpful.
2007-02-13 01:31:32 · answer #4 · answered by Erica, AKA Stretch 6 · 1⤊ 0⤋
You will not be able to get the deposit back due to the fact that you were the one who broke the contract. You should have reported him for being a slum lord, if he truly was one and ignoring the living conditions, then you would have been ale t move out legally and get back your deposit. Right now though you have no leg to stand on due to the fact that you were the one who broke the contract.
2007-02-13 01:05:07 · answer #5 · answered by Chris 6 · 0⤊ 0⤋
You MIGHT be able to get SOME of it back if you take them to small claims court. However, it's a longshot, cuz u broke the contract. For even a slight chance of getting anything back, you will need to have pictures, proof of the conditions that needed to be fixxed (such as a letter from you asking the landlord to fix something), etc.
2007-02-13 01:03:23 · answer #6 · answered by rocketgirl 3 · 2⤊ 0⤋
If you broke the lease which you signed,you have forfeited your deposit. I did the same thing. I signed a 1 year lease at an apartment, that I discovered after 1 month was no place for a single mom. I made it 6 months in that hell hole but I knew the deposit was lost. I should have done more research on my future home- my bad.
2007-02-13 01:05:49 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Did anyone ever get their deposit back?
Was a date by which the deposit was to be returned written in to the original agreement?
You will probably end up having to go to small claims court.
2007-02-13 00:58:25 · answer #8 · answered by leedsmikey 6 · 0⤊ 0⤋
You should have read it before you broke it.
A standard lease will spell out how a renter can withhold rent after written notification and placement of the rent money in escrow pending resolution of the living condition dispute. You'd be surprised how quickly things get fixed when the rent money is legally not coming in.
2007-02-13 01:02:24 · answer #9 · answered by lunatic 7 · 2⤊ 0⤋
You broke the contract
As for the living conditions, you need to be specific and if it is really really rotten , get advice from your local CAB - citizens advice beaureu
Dont fancy your chances though - cut your losses and dont make the mistake again of renting a dump.
2007-02-13 01:02:51 · answer #10 · answered by slice264 3 · 1⤊ 0⤋