how can i get back my security deposit?

Question

I have been in this apt for the past 2 months but need to move. When i moved into the apt, I was told there's a 24hr servailance(THAT'S A LIE) I was told no loitering in the hall ways(every night, 1,2,3 am there seems to be a hang IN THE HALL WAY near my window) I live on the first floor.This noise resulted in some of their arrest about a week ago. Someoone called the cops on them.I have a 12y old, AND i CAN HEAR THE NEIGHBOR HAVING SEX. I was afraid they would think I was responsible for calling the cops. I have expressed my concerns to the management company, but they keep giving me the run around. Evertime I call, they tell me the owner is not there. They finally told me I could move out, but I not getting back my security deposit. I feel tricked. I feel like their the ones who broke the lease. .But they won't give me in writing untill i drop off there key and the lease. My lease is for a year so I have 10 more months to go. I don't want to commit myself to another lease.help

It's been problem from day one. I didn't even get the lights in the kitchen fixed untill days later after I moved in. They didn't put in my shower as promised untill 3 days later. I don't feel safe at night because when tenants don't have a key to get in the main door, ( I right next to) they kick it in. I jump out of my sleep frightened. This is a nightly thing. I am tired of complaining to the mangement company. I want my lease back. I live alone with my 12 yr old son. I don't feel safe.

you can see the camera in front of my door. It just does not work and they know it.

I don't want to ruin my credit

Other tenants are moving out. Those who are staying, can't aford to leave because of low income. I found out that alot of them are section eight or some sought. The super told me the're trying to get the old tenats out. I spoke to some tenants and they said their apt floor is so bad, you can fall through. They said I have no idea what I got into.They also said, they get trouble for heat and there ar occasional blackouts, when the rest of the block has electricity. The strange thing is that the same noise, occurs at the same time every day between 1&3 (am) in the morning. What the hell did I get myself into?

any information given will be greatefull

Answer 1

Come up with proof of the violations that you speak of. Make sure those promises (24 hour watch) were in the lease. Then, you would have to take them to small claims court (only a 25-35 dollar filing fee in most states) for breach of contract.

Or, just stop paying rent. It will take them months to evict you and then it's them that needs to go to court for the money. (this is what I would do). Do some research on tenants rights in your state. You should be able to find out most of this info over the web (try the HUD for the state)

Answer 2

Lesson Learned.

When looking for apartments, make sure you look outside as well as the inside of the compound (not just the apartment itself). It doesn't sound like a very safe place to live in yet you signed a lease and moved in. I'd say forget the deposit and move to a better place. Make sure you do your research first before signing a new lease and check out the apartment compound. I would also talk to some tenants to see what they have to say. If you try to get a lawyer to resolve your problem, you would spend as much as your deposit.

Answer 3

You can get back your deposit if you complete your lease or show that they have violated the lease (verbal promises by them are going to be impossible to prove), that you notified them of the violation in writing and that they did not remedy the situation in a reasonable amount of time. Reasonable time is normally defined by state law.

I would NOT just stop paying rent. You will get sued and they will get a judgment against you for the rent after you get evicted. The deposit amount is NOT applied to cover the cost of eviction, it is forfeited for violating the contract. In most states your wages can be garnished for judgments such as this.

Answer 4

The landlord did breach the contract and yes you can get your security deposit back, but unfortunately you have to take him to court b/4 you do that send him at least 3 or 4 certified letters telling him your complaints and all the things that are happening that are not supposed to happen according to your contract, and all the things that are missing according to your contract. Save all the return receipts, then call your landlord, and tell him that your have documented all your complaints which are in breach of your lease, and that not only are your taking him to court for breach of contract but your are suing him for making you wait until court to get out and get your security deposit back. Make sure he does not sue you for damages in the department get a witness and pictures of the apt. when you move out make sure they are developed and dated for the date you moved out and make sure get statements from neighbors that there is no surveilance, that or a witness from the apts. More than likely he'll give you your deposit back, and let you move, it would be too expensive to put security cameras in or hire some for surveilance.

peace out

Answer 5

Im in a similar situation. You have the right to quiet enjoyment. It's the law. If your not getting that they have to give you your money back. But you should record whats going on for proof. If they don't give you your money back you need to speak to an attorney.

Answer 6

You will probably need a lawyer. They are obtaining money in a fraudulent way.

Answer 7

I DON'T THINK YOU CAN RETRIEVE YOUR MONEY..IF ALL OF THE THINGS YOU DESCRIBE ARE TRULY HAPPENING, THE PLACE WOULD BE INUNDATED WITH POLICE, PEOPLE WOULD BE MOVING OUT IN DROVES.. BUT THEN AGAIN WHO KNOWS..