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Rental deposit?

Author :

Submitted : 2018-06-15 01:49:40    Popularity:     

Tags: Rental  deposit  

Moved out of our rental 40 days ago we gave landlord forwarding address for dposit to be returned. He said everything went fine and new tenants were moved in 3 days after we moved out we did all the cleaning he said he just needed to paint. Now my questio

Answers:

Time for a certified letter demanding a return of your deposit and/or an itemized list of anything they repaired and deducted.

I would look up the local laws regarding the prompt return of the security deposit and include that statute in the certified letter...

Legally you should have had a list of itemized damages, repairs etc. within 30 days in MOST states & check for the difference. Send him a certified letter where he must sign for it. You may end up having to sue him. Check the state requirements where you did live to find the law.

You look at how much time the laws of your state give him to return it or give you an accounting of why he is withholding from it. If he has passed that, you sue him.

It should have been returned in most states. Phone him. If you can't reach him that way, write him a letter. Be super nice in it. I mean really nice. Point out the time, give him the benefit of a doubt - you expect that he is very busy and he has just overlooked the time but, it's been x days and you are anxious to get back any portion that is due. If you have no response after 15 days, then write another letter pointing out every attempted contact and his ignoring you and, say that if he fails to respond w/n x days, you will have no choice but to turn this matter over to your lawyer. This will get his attention.

Your landlord can't keep your deposit legally unless you did damage to the apartment contact real estate attorney and he will show you what necessary paper needs to be filed

Your state laws apply. They are easy to look up. Typically the landlord has a set number of days 14 to 30, generally, to itemize any deductions to your deposit and send you the list and the balance. If he does not, you will need to take him to small claims court. Many states say that if he doesn't follow the timeline that he forfeits the right to keep any of the deposit regardless of what damage or cleaning was needed. Some states also can award you double or more your deposit amount if the judge feels the landlord was doing it on purpose.

He has time to send it back, according to your state law. It can be 21, 30 or 45 days. Check your state law.

Painting due to normal wear and tear is not covered by your rental deposit unless you really screwed up the walls. You should have gotten your money back immediately since new tenants moved in, obviously they found it acceptable. Stop sending messages, call his office, tell him you care coming by in two days to pick up a check for your deposit. If they do not have it ready, they can mail to your attorney by certified return receipt mail.

Get ready for him to claim damages when you sue him for your deposit.

Look up landlord and tenant laws where you live to find out how long he has (different places have different requirements). You may have to take him to small claims court.

You likely want to send a letter with return receipt, that's going to be more accepted in court if you sue than emails.



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