My landlord asked if I could leave early because the owners want to renavate, I said sure if I get the deposit back. The owners have moved back in and said that the house was dirt and had to be cleaned so they are keeping my deposit. What rights do I have, I cleaned the house before I left. Now they won't give the deposit back when they asked me to leave early.
2007-02-17 08:17:33 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
As a renter you are entitled to your deposit unless the lanlord can show just cause for not rendering to you. Unfortunately you will have to get an attorney to ask for proper documentation and reciept for expense or photos. The burden of proof will be on them so if you honestly did nothing to damage the place you will likely get your deposit back plus attorney fees and court fees if there are any. Good luck.
2007-02-17 08:26:11 · answer #1 · answered by waitingon2angels 2 · 0⤊ 0⤋
You don't need an attorney.
Within a reasonable amount of time after you move out (in most states, "reasonable" is about a month or so) the landlord must return your entire security deposit. If the entire security deposit (or none) is not returned, the landlord must send, along with any reduced security, an ITEMIZED list of expenses that the security deposit was used for, i.e. "tear out/replace carpet in living room - $500", things like that.
Normal wear and tear is NOT something the landlord can take out of your security deposit. If you left the apartment in "broom-clean" condition, you are fine. The landlord can choose to steam clean carpets, repaint walls, professionally clean tile grout, etc, but cannot charge for those extraordinary cleaning measures.
Here's what you do:
1) Write a letter to your landlord formally asking for the return of your security or in lieu of that an itemized list of the things which he spent your security on.
2) Send the letter certified, return receipt requested. Make sure in the letter to include a deadline to hear back, like 14 days.
3) If you don't hear from the landlord within 14 days, send another letter certified etc, demanding a response within a short period, like 7 days.
4) If you don't get a response, or if you get a response and you're not satisfied with the itemized list, file a claim in small claims court for the full amount of your security.
In court, you'll need to show the best that you can that you cleaned before you left. If you had relatives or friends help you move, they can testify to the condition when you left. Pictures are great if you have them. You should also bring the communication you had with the landlord and explain that the landlord was dragging their feet. If the landlord sent you a list of supposed charges, you can challenge any of them as frivolous or normal wear and tear.
In most communities, small claims court is very informal and neither side has a lawyer. It is actually very much like you see on the judge TV shows (Judge Judy etc).
One thing I should add - your state's attorney general may be able to do some of the legwork for you (sending letters and all) if you file a complaint with them. In NY, they will mediate your problem with the landlord and often get very good results.
Good luck!
2007-02-19 18:02:28 · answer #2 · answered by tivodan1116 3 · 0⤊ 0⤋
Did you sign a lease? Then you more than likely have rights to your money back from the deposit, right now I am studying Accounting, and I didn't know that your deposit is actually suppose to be increasing in value (interest) as it is suppose to set in the landlord's account, so check with a local law office and ask them or maybe check with a local free law clinic and speak to them. You also should have done a walk through in the beginning of the rental agreement and a walk through at the end of the agreement to help protect your rights. Hope this was helpful. Good Luck
2007-02-17 08:25:20 · answer #3 · answered by K_Seeks4Answers 3 · 0⤊ 0⤋
Small claims court. Make sure you have documentation as proof, otherwise, there will be no chance of winning.
2007-02-17 08:24:09 · answer #4 · answered by Nepetarias 6 · 0⤊ 0⤋
you will lose because of unpaid rent. legally you probably owe more. i am going to guess at the details but i am probably correct. all changes to a contract even verbal contracts must be in writing. but that is contract law...
2007-02-18 04:05:25 · answer #5 · answered by Anonymous · 0⤊ 1⤋
contact a civil lawyer to find out what your rights are
2007-02-17 08:24:03 · answer #6 · answered by Anonymous · 0⤊ 0⤋
you have 2 sue
2007-02-17 08:20:53 · answer #7 · answered by Anonymous · 0⤊ 0⤋