I live in Illinois and I lived in a house for 3 years. Paid my rent on time and got along with the landlord just fine for 2 years and then for some reason he started acting strange. Out of the three years, I only had a year lease and never had to sign another one. Keep the house spotless. Then one day he came over and wanted to up my rent and wanted me to sign another lease. I told him no and that I would be moving out in 30 days. I moved out and he never would give me my deposit back. So how do you get a deposit back from a landlord? I did not damage anything.
2007-10-25 13:24:02 · 6 answers · asked by suesf7 2 in Business & Finance ➔ Renting & Real Estate
In most states, the guy would have a month to return the depositing, or show cause for not reimbursing it.
If that occurs, take the guy to small claims court.
2007-10-25 13:34:10 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Hi,
Do the laws in your State require you to give in writing a 60 day notice to vacate that property. Some States require this if you have lived there for two years or more. You would be considered a long term renter. If that was the case and the Landlord was unable to rent the unit, he/she could keep your deposit. This would apply even if you were on a month to month lease.
2007-10-26 15:28:38 · answer #2 · answered by skiingstowe 6 · 0⤊ 0⤋
In New Mexico the landlord has 30 days to return the deposit or a written explanation of why he has withheld from the deposit. If there is no written explanation, the renter gets all the deposit back. Check your state laws on this.
Your only recourse if the landlord won't return the money is to sue him in small claims court. Even if you get a court judgment against him, you still have to collect and that can be difficult.
2007-10-25 20:43:15 · answer #3 · answered by Dan H 7 · 0⤊ 0⤋
Check your state's landlord/tenant laws - specifically regarding security deposits.
Generally, a tenant must leave a forwarding address in writing for the landlord to send the deposit accounting.
The landlord must send an accounting/refund of the deposit within 30 days - state laws vary.
If the landlord fails to return the deposit, the tenant can sue for double (some states, triple) the amount of the deposit.
You can send a certified, return receipt requested letter demanding the return of your deposit.
If the landlord fails to return your deposit, sue in Small Claims court. You will not need a lawyer andthe cost to file is minimal. If you win, you will be awarded the court costs, as well.
2007-10-25 21:31:54 · answer #4 · answered by ? 6 · 0⤊ 0⤋
First, I sincerely hope you took pictures of everything before you left.
Each state is different. In Colorado, landlords have 30 days to return or account for a deposit, unless it states differently in the lease. Call your local legal aide or an attorney to find out the specifics in your area. Once that time has passed, I would send him a certified letter demandning it back. If he still refuses, you will have to take him to court. Of course, since it's a civil matter, you will have to pay some court costs up front, but if the court finds for you, he will have to reimburse you for those. In Colorado, if I did not return or account for a deposit in the time I was supposed to, I could have been sued for treble (triple) damages. Find out what your state is and best of luck!!!
2007-10-25 20:29:00 · answer #5 · answered by sweetsum691 5 · 0⤊ 0⤋
I agree with taking photos before you vacate a place. You may end up taking him to court if you can prove you did no damage.
2007-10-25 20:31:58 · answer #6 · answered by Anonymous · 0⤊ 0⤋