I moved out of an apartment I had rented for two years. I got my security deposit back within a couple of weeks, but four months later, I received a bill for $450. The landlords claimed they had to replace the carpet because it had cigarette burns in it. I know that I did not burn the carpet. What can I do?
My landlord is withholding my security deposit because he says we ruined the carpet. The carpet is a bit dirty and worn in places, but it was not in great shape when we moved in. Does this fall under "ordinary wear and tear"?
Three months ago, I moved out of an apartment -- with one month's notice -- and now the landlord will not refund the deposit, stating that since we didn't move into another apartment he owns, he lost a month in rent. However, we told him that we were not moving into the apartment he offered because we could not afford it. Before we moved out, I did a walk-through with his cousin (because the landlord moved to Florida) who confirmed that the place was in good repair and stated that the landlord would send a check promptly. Now the landlord doesn't return our phone calls and has changed his number. What can we do?
My landlord refuses to return my security deposit so I'm suing her in small claims court. Can I find out if she has had other similar cases filed against her? If she makes a habit of withholding her tenants' deposits, I will be less inclined to settle and more inclined to see if a judge will find for punitive damages.
I share an apartment with three other students. I'm graduating, but the others are staying on a year. My problem is with the security deposit. We each paid $400 (a month's rent). The new roommate won't buy me out -- he's afraid of being charged for old damage. The landlord won't do an inspection with only me moving. Am I stuck playing wait and see?
During the exhausting process of moving into a new apartment, the last thing on your mind is moving-out day, but since your landlord is probably holding a sizable chunk of your money in the form of a security deposit, it's risky not to prepare for the end of your tenancy right from the beginning. Before you start unpacking dishes and hanging prints on the walls, take a few simple steps to avoid the disagreements that have made disputes over security deposits legendary.
Most states hold landlords to strict guidelines as to when and how to return security deposits. The general rule is that you are not responsible for normal wear and tear. If you cause damage by your unreasonable carelessness or deliberate misuse, however, you must pay for it. Landlords are typically required to return your security deposit, or give you an itemized accounting of the deductions from your security deposit, within 14 to 30 days after you move out.
If your building has been sold or the landlord has gone belly-up and declared bankruptcy, your security deposit should still be available to you (minus legitimate deductions for damage or unpaid rent) at the end of your tenancy. That’s the theory, at any rate. You may still have to take steps to retrieve
For many landlord problems, you’re almost always better off first trying to resolve disputes directly with your landlord, rather than go marching off to a lawyer’s office or small claims court. But if relations are so strained that no meeting seems possible, or you're unsuccessful negotiating a settlement
Most landlords will require a security deposit
before you move in. If you damage the property or leave owing rent, your
landlord can use your deposit to cover what you owe. Deposits can amount to
several hundreds, or even thousands of dollars and are a major source of
friction between landlords and tenants
Unfair as it may seem, only a third of the states require landlords to pay interest on deposits. In other words, many landlords can simply put your deposit in a personal bank account, use it, and pocket the interest, as long as the original sum is available when you move out. â
A landlord may want you to pay a sum of money called “last month’s rent” before you move in as a form of insurance against your leaving without giving the proper amount of notice. If you’ve paid for the last month in a payment clearly labeled “last month’s rent,” you obviously don’t have