Its a long story but it looks like my landlord is going to withhold my deposit. Its not worth my time to go to small claims court over it. She has tennants moving in the day im supposed to move out. What if I just refuse to leave until i get my money? What recourse does she have?
Is there any other alternative?
2007-11-26 18:12:18 · 5 answers · asked by riverspecialist 1 in Business & Finance ➔ Renting & Real Estate
What state do you live in and why are you losing your security deposit?
You should not overstay because your Landlord can still recover the rent as a result of your holdover. Additionally, she has the right to charge you higher rent for that period as well as costs associated with same.
Your best weapon is a simple letter sent certified mail and return receipt. Also submit one copy to her personally and, of course, keep a copy for yourself. Request to be present during the inspection of the apartment for damages and request that she schedule a time with you IN WRITING. Request your security deposit be returned. That's all you need write - keep it simple. Take pictures of the apartment.
If she actually schedules an inspection, go to it and challenge her on any damages she claims (if she's wrong). Follow up with a letter challenging her claims and demanding the security deposit if she decides to go this route.
The next step is to research the rent security deposit laws of your state. If she doesn't return your deposit in the time alloted and she did or didn't schedule the inspection, you take her to small claims court. If she didn't schedule the inspection, you win. If she claims she did, but has no copy of the letter AND a certified mailing proof, you win. If you have to go to court and fight her over who caused any alleged damage to the apartment, you fight her for it.
By the way, and no disrespect to the other answerer, but it is not necessarily the law in NJ for a Landlord to tell you where the deposit is. An owner-occupied dwelling with two or fewer rentals does not require that the security be placed in an interest bearing account. Nor does the Landlord have to inform you of the security deposits' whereabouts. Landlord does, however, always have to return it when there is no reason to hold on to it. Also, penalty for failing to follow procedure that applies does not result in some sort of fine. It it were to occur, Tenant can request the security be applied as rent and the Landlord can never ask for a deposit for the life of the leasehold.
2007-11-26 18:58:05 · answer #1 · answered by Legend 4 · 0⤊ 0⤋
this is state or local law. Demand a full accounting of why she wants to keep the security deposit first. Keep records on everything. Did the landlord give you notice as to where your security deposit was being held and at what interest rate? In NJ it is the law. If you then send her a certified mail advising her that you did not receive the letter re: your security deposit, she has 30 days to respond. If she did not deposit it in a bank (verify it if she says she did, cause if she lies, her fine gets bigger) then you can send her a letter telling her to immediately refund your security deposit. If she does not comply, you automatically win in small claims court. Sorry, but sometimes you have to do some leg work...don't let the bastards win!
2007-11-26 18:55:26 · answer #2 · answered by MancalledDad 3 · 0⤊ 0⤋
In most states, the landlord has several weeks in which to return your security deposit AFTER you vacate the premises. Thus, you have no claim to the deposit until that time frame has passed.
Time is provided in order for the landlord to gather all expenses charged against the deposit, including unpaid utilities and similar. If you refuse to leave without the deposit, you will be evicted, and it won't be pretty because you will be held liable for all expenses incurred by doing so.
2007-11-26 22:39:40 · answer #3 · answered by acermill 7 · 0⤊ 0⤋
each and every little thing I stated under is supplied which you observed the words of your contract with your leasing agent. in case you flow away early by using subject concerns with rommates (in the previous the hire era is up), then you definately get no longer something. You forfeit it and are fortunate which you don't get charged for shifting out early. in spite of the shown fact that, in case you probably did no longer harm the words or dealt with the flow in a fashion that's happy with the leaser, right here applies. be certain that the $2 hundred to be paid in the beginning of THIS leasing contract wasn't besides to the single you had in the previous. If this female actually won the $2 hundred and positioned it outstanding back into paying a sparkling protection deposit. 2 issues may be authentic: a million) The deposit is in simple terms being witheld till the two human beings on the hire flow out and don't renew. this suggests that the $one hundred you paid continues to be sources of the leaser and you somewhat lots picked up the tab for the hot roommate. wherein case, you're able to touch her quickly (do no longer use a third party) and ask for the $one hundred back. If she won't, you're in all threat out of success. 2) The deposit replaced into actually back (in spite of if it replaced into on the instant repaid to the leaser). If it replaced into, then BECKY owes you $one hundred by using fact she no longer purely have been given her 0.5 back and used it on the instant, yet she additionally took YOUR $one hundred and reinvested it devoid of your consent. this difficulty will postpone greater in small claims courtroom, extremely in case you have a replica of the examine you wrote or some variety of receipt for the deposit. it is going to likely be lots much less complicated to break that one down. So, if a stranger owes you $one hundred, it is in all threat no longer nicely easily worth the difficulty in making a sparkling enemy. yet while Becky owes you, then in case you have the place of work work to back it up and the persistence to anticipate a listening to, decide for it!
2016-10-18 05:21:54 · answer #4 · answered by ? 4 · 0⤊ 0⤋
why are you worried about it when you're not even out of the house yet - they have 30 days to return it. Find out if there is a housing dept in your town/city and if you don't get the money back and you didn't violate terms of the lease to lose it, complain to them
2007-11-27 05:21:31 · answer #5 · answered by Anonymous · 0⤊ 0⤋