My landlord does not want ot give me my deposit, What should I do?

Question

She has been avoiding me and my phone calls... I really need my deposit I left her house clean the way she gave it to me. What should I do next?

O.k, I finally got a hold of her...she told me she will only give me back 150.00..hey better than nothing...thank you guys!

Answer 1

Actually your landlord has 21 days to issue you your deposit back or an itemized list of charges. Once the 21 days have past and you haven't received either (assuming you gave a forwarding address) you are entitled to the entire deposit.

At this point it becomes a legal matter and you can report it to the housing department. They should assist you in the matter further. Usually you don't need to pay any out of pocket expenses to see that the landlord does what is required.

www.hud.gov/local/ca/renting/tenantrights.cfm

Answer 2

Call the Housing Department for your city/county. There's usually a hotline for landlord/tenant disputes, or a written guide on local housing laws.

Send your landlord a written letter - written in a very calm, polite, professional style - stating that as per your agreement, you left the rental unit in good condition and returned to its original condition (besides reasonable wear and tear). Quote from your signed lease the paragraph about the rental deposit, and remind her that you respectfully request your deposit be returned to you in a timely manner - be sure to mention the exact amount of the deposit and provide the address and name it should be sent to.

Sign and date the letter, and make at least two copies for yourself. Send it to her or deliver it personally, whichever is quicker. Legally, she can claim she never got the phone calls, but postal mails count as formal notification and you can use them as proof later if you need to take legal action. Your formal tone will also signal to her that you mean business.

Answer 3

This is unfortunately a very common situation. Many areas have laws that severely penalize landlords that illegally withhold deposits and don't return them. If there's a local housing authority in your area, check with them. You might have to sue in small claims court to get your money.

Answer 4

Unless you've got photographic evidence of the house before hand there is little you can do. Unfortunately this is a quite common but intensely annoying thing that landlords do. Next time, take scrupulous photos at the beginning and threaten to take them to court if they don't give you back your deposit.

Answer 5

By law she has 30 days to give you your refund or a detailed list of charges or damages she is charging for. If she hasn't done either take her to small claims court. Hope you took pictures of the place when you move in and moved out. Without those you may be out of luck. Her word against yours.

Answer 6

Go to the local small claims court and file a lawsuit. Once they get that they will either pay or be forced to prove that you left the place with issues. Hopefully you took before and after photos.

Answer 7

Write a letter. Give her 10 days to respond.

If you have no response in 10 days, write a 2nd letter give her another ten days.

If you have no response in 10 days, write a 3rd letter give her another ten days.

If you get no response, you can file suit in small claims court.

Unfortunately, there's no quicker way to get what you want.
(And I'm assuming you're in New York State or at least in the United States.)

Answer 8

Your state probably has laws regarding the return of deposit.

Contact the state department that handles real estate issues.

Answer 9

Go back to the land lord and ask for it. If she dosent give it to you tell her you are going to take her to small claims court. And then act on it.

Answer 10

Send her a certified letter requesting your deposit.This will give you documentation if you have to take her to small claims court.