2007-07-09 16:43:39 · 6 answers · asked by super_soph198 1 in Business & Finance ➔ Renting & Real Estate
I moved out in May from Oklahoma and moved to new mexico. it is now 47 days since I have left and I have sent a UPS letter stating he had 10 days to contact me or I would file suit. I have called and no response and he did not sign for the UPS letter. What do I need to do to ensure my case will win if it makes it to court?
2007-07-09 16:56:45 · update #1
I left the apartment better than it was and he told me there were just a few items he was displeased with I have photos that debate otherwise. He told me I would get most of my deposit back but when it is time to receive it I have sent letters and called and he has not responded. What do I do to ensure my case will win in court?
2007-07-09 16:58:00 · update #2
Just tell him that unless he produces a bill, showing exact charges for the exact amount he deducted from your deposit, that you will file a lawsuit against him. If he doesnt pay up, then file suit against him in small claims court. The good news is, if he did illegally keep the money, many states will punish him by not only giving you your money back, but by giving you double or treble damages. So hey, its worth a little time and effort on your part to pursue this.
2007-07-09 16:48:33 · answer #1 · answered by bmwdriver11 7 · 0⤊ 0⤋
Do a walkthrough of the apartment with the landlord before you move out. Make sure he is ok with everything and try to get him to agree that not much is wrong. Go over with him exactly what your deposit was, and how long he will need before returning it to you. Also check if you get interest on your depoists in your state and if so tell them this and how much the interest would be. Tell him you expect the deposit according to whenever it would be due back to you (check the laws where you live) and that if he does not reutrn the full deposit you expect a full accounting of what he took from the deposit and why.
Go ahead and move out. Call the landlord when the deposit is due (or afew days before) and bug him for it if he doesn not get it to you on time. If he stalls or won't get back to you, then you might have to take him to small calims court -but it probably wouldn't come to this.
Good luck.
2007-07-09 16:50:12 · answer #2 · answered by Slumlord 7 · 1⤊ 0⤋
Consult a lawyer for legal advice. You are intitled to you deposit being returned to you. Many landlords keep the deposit which is NOT right I would have not paid the last months rent and told him to use the deposit for the last months rent. Do consult a lawyer it is free for the first visit. Best Wishes!
2007-07-09 17:07:09 · answer #3 · answered by Janice 10 7 · 0⤊ 0⤋
You can only get legal advice from an attorney. Even though there are some attorneys who post here, they can't give you legal advice in this forum.
That said, I was a landlord for many years and was even a tenant at the same time I was a LL. Post some details about your problem and maybe someone who has walked that road can offer thoughts from their experiences.
2007-07-09 16:57:51 · answer #4 · answered by Bostonian In MO 7 · 0⤊ 0⤋
if you gave him proper notice, and / or fulfilled your lease obligation...you should get your deposit back when you return your keys. Hopefully you have the receipt from when you gave the deposit.
if you did not fufill your lease - legally the landlord doesn't have to give you back the deposit.
2007-07-09 16:58:17 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Talk to a lawyer for legal advice.
For other advice, be more specific.
1) If you did ANY damage, expect the deposit to be kept.
2) If you left early, you won't get it back. You broke the lease and won't be getting it back.
2007-07-09 16:50:58 · answer #6 · answered by FaZizzle 7 · 0⤊ 1⤋