Thursday, December 15, 2011

What is my recourse when my landlord is not returning my deposit after I moved out for 3 weeks in Louisiana?

My landlord is not answering my phone call and she never gave us an address. One time we got through to talking to her and she used the excuse of grass growing long in the backyard. The deposit is $600 and after I have moved out for more than 3 weeks, I have yet to receive an itemized list of any reasons or expanses for not returning partial or in whole of the entire amount of my deposit.|||A lessor who holds a deposit from a tenant for the faithful performance of the lease is required to return the deposit within one month after the termination of the lease. However, the lessor can retain all or any part of the deposit that is necessary to remedy a default by the tenant or to repair unreasonable wear to the leased premises. As long as the tenant has not abandoned the premises prior to the termination of the lease, the landlord is required to give the tenant an itemized statement showing why the deposit or any part of it was withheld. If the deposit is not returned and no written statement is given to the tenant, the tenant can demand the return of his deposit in writing. If the lessor still does not make a refund or accounting within thirty days from the written demand, the lessor's failure to refund will be considered willful, and the tenant will be entitled to the greater of his actual damages or two hundred dollars. The court can also order the landlord to pay the tenant for his attorney's fees and court costs. An award of attorney's fees can often be more than the deposit and damages combined and can be the real incentive for the landlord to make a prompt refund once the tenant makes it clear that he is aware of the deposit laws.


For further information, review the supplied URL|||I know it's a pain in the butt, but you need to put together all of your records, get everything organized %26amp; take her to small claims court.

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