QUESTION
Can I get my apartment deposit returned?
Asked on Jul 31st, 2012 on Landlord and Tenant Law - Alaska
More details to this question:
I am currently living in a one bedroom apartment, and needed a two bedroom. My apartment complex told me they had a two bedroom I could move into, but two weeks before moving they informed me they no longer had it. I then found a two bedroom in a condo in the same complex, but under different ownership. Two days ago my original apartment called to tell me I would not be getting my deposit back. Do I have any grounds to fight this? Should I just let it go because my lease was not up and they are not going to punish me monetarily for breaking it, but I am only breaking it because they told me they had an apartment for me when they did not.
6 ANSWERS
Let it go. Yes, the landlord is required by Arizona law to properly account for all deductions from your deposits, which it does not appear that they did. On the other hand, you signed a lease and are responsible for rent until the end of the lease term. The landlord said you could move to a different unit and later changed his/her mind, but unless you have something in writing from the landlord, s/he will likely claim s/he said that you "may" be able to move if a unit came available or some similar excuse. You stand to lose much more than you may potentially gain.
Answered on Aug 18th, 2012 at 4:27 AM
Leonard A. Kaanta
You should fight it.
Answered on Aug 16th, 2012 at 8:47 PM
Appellate Practice Attorney serving Bloomfield Hills, MI
at
Law Office of William L. Spern
Update Your Profile
Probably not. Best you can hope for is landlord will keep it and not go after for lease breach damages. Talk to landlord and work out a lease termination agreement using the deposit for the financing. Good luck.
Answered on Aug 16th, 2012 at 8:01 PM
Child Custody Attorney serving Malvern, AR
at
Law Office of Gregory Crain
Update Your Profile
Depends on what your lease says and why they are trying to keep it.
Answered on Aug 16th, 2012 at 7:56 PM
Real Estate Attorney serving Williamstown, NJ
at
Law Offices of Slotnick & Schwartz
Update Your Profile
I think you are entitled to the return of your deposit if you are breaking the lease with their permission.
Answered on Aug 16th, 2012 at 7:42 PM
Criminal Defense Attorney serving Anchorage, AK
at
Buchholdt Law Offices
Update Your Profile
That depends upon the terms of your rental or lease agreement, and whether you have left the unit with damage or in an unclean condition.
Answered on Aug 16th, 2012 at 7:31 PM