How can I get my deposit money back from my dishonest owner/landlord?

Question

I moved out of my apartment a few days before my 30 day notification and the owner of my apartment is refusing to give me back my $1,000 deposit. I spoke with the landlord and gave him a verbal notice of 30 days but my written statement was only about 23 days in advance. Now the owner says that I breached the contract and he won't return my deposit. I had always paid my rent on time and I was such a great tenant..I don't know what to do..I'm not a rich person and I can't afford to lose that money. What should I do? Thanks...

I live in CA

Answer 1

Your LL has three weeks from the date you vacated to provide you with your deposit or with an accounting of why he is withholding it. After three weeks, you should write a demand letter requesting the security deposit in full. Send it certified mail/return receipt requested. The LL has ten days to respond. If there is no answer or you disagree, you must file an action in small claims court. Although you did not provide the actual thirty days notice, the LL may have offset any losses by re-renting the apartment. If the LL cannot show sufficient proof that he tried, his hands are unclean. Therefore, you have a good shot at your deposit. Even if you failed to follow procedure flawlessly, the LL is not entitled to a windfall.

Answer 2

What state? Tenant/Landlord laws are different in each state.

Example you give a 30 day verbal notice to vacate and your written is only 23 days. You owe the 7 days. At least in Utah. What is your state? If you pay the 7 days he will have to give you back your deposit in a timely manner.

Tell us your state I will pull up your law. But I think you owe him the 7 days. Im not sure he can keep your entire 1,000 because you only gave 23 days notice. That will be a state law.

******************** UPDATE ***************

Just print this page and give it to your landlord. One thing he probably didnt do.

Under California law, 21 calendar days or less after you move, your landlord must either:

Send you a full refund of your security deposit, or
Mail or personally deliver to you an itemized statement that lists the amounts of any deductions from your security deposit and the reasons for the deductions, together with a refund of any amounts not deducted.

http://www.dca.ca.gov/publications/landlordbook/sec-deposit.shtml

you can get twice the amount back in bad faith. Thats the law, and this is what they have to follow. Thanks for the state.

Answer 3

Ahhh....the old thirty day notice catch. What many do not understand is that the thirty day notice must be sent in advance of any one specific rent due date, and becomes effective on that rent due date. Thus if you only gave twenty three days notice, you are still liable for the next FULL month's rent. That's the way the 30-day notice requirement works. There isn't any proration involved here.