Thursday, December 15, 2011

Moved out 6 weeks ago and after 21 days no written notice or deposit?

sent a certified letter over the weekend demanding my full deposit the landlord called said the owner just sent a check.Here is the main question what do I do if is not the full amount I payed?|||You shoiuld bget the full amount unless their is damage to the apartment beyond fair wear and tear. Always difficult to define eg does the coffee you spilled on the wall require the whole room to be repainted?|||Just a quick footnote.I did get my full deposit back after I sent them a certified letter demanding it back.So thanks for all the advice.Happy New Year!

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|||Landlord is most likely not going to give you your deposit back. You need to file a suit in small claims court. If the Landlord claims he kept the deposit b/c of damages, check the deadline for landlords to keep your deposit. In some states, a Landlord must supply the tenant with a WRITTEN letter stating whether a security deposit is going to be held for damages and it must states EXACTLY what the damages are for. It sounds like he has already passed that deadline. File your claim in Housing Court and sue for TREBLE damages. They will serve the Landlord with Notice to Sue and he will get a copy of the court date. Good luck.|||The owner has 30 days from your departure to write you and explain why he is keeping your deposit detailing the damages. If you dont receive full amount and landlord did not explain why he kept part of the deposit, then you can file a claim in small claims court. If you dont accept the amount of the check I would not cash it. In some states if landlord did not send your deposit back in 21 days and did not inform you what he was deducting for damages you can sue for double damages.|||If you do not get payment in full then you have to sue them.



EDIT: They lost any right to damages when they broke the law. When a landlord does not send a final accounting with in the required 21 days they lose all rights to the deposit.



EDIT: Don't cash it %26amp; follow through with the small claims. If you cash it that is accepting the partial payment %26amp; it could hurt you in court. Take the check to court as proof they tried to illegally withhold part of the deposit past the 21 days.|||Do not cash the under sized check. Call the responsible party and ask for a sit down meeting. If he declines, take him to court.|||You sue them in small claims court.|||Go to small claims

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