QUESTION

Can the landlord refuse to give me my deposit if there are no damages to the property?

Asked on Sep 07th, 2011 on Landlord and Tenant Law - Pennsylvania
More details to this question:
I paid the monthly rent and notified the landlord as required 30 days ahead of moving. Can they refuse to refund if property has no damages? If they refuse to return deposit, can I issue a stop payment for the rental check?
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5 ANSWERS

Transportation Attorney serving Mamaroneck, NY at Palumbo & Associates, PC
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No the landlord cannot wrongfully refuse to return deposit monies. I would issue a stop payment but I do not know the legalities. They can likely sue you but then you can counter-sue.
Answered on Sep 09th, 2011 at 12:37 PM

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Steven D. Dunnings
Under the Security Deposit act the landlord is required to send you written notice of intent to retain the security deposit with an itemization of damages claimed within 30 days after termination of the tenancy. Failure to do so constitutes an agreement that no damages are due and the landlord will remit the deposit immediately. (MCLA 554.610) If landlord fails to provide notice and/or fails to file an action for money damages to retain the security deposit within 45 days after termination, he may not retain any of it and you will, most likely, need to file a small claims action in District Court to recover the security deposit.
Answered on Sep 09th, 2011 at 11:44 AM

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Real Estate Litigation Attorney serving Newport Beach, CA at Fink & Abraham LLP
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Landlord has 21 days after tenant moves out to refund security deposit less amounts legitimately held for damage to property. If they do not your remedy is to sue in small claims for twice the amount of the security deposit as allowed by Civil Code 1950.5.
Answered on Sep 08th, 2011 at 8:27 PM

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Criminal Defense Attorney serving Montrose, NY at Law Office of Jared Altman
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Check what your lease says about how long the landlord has to return your security first. Then yes, I would seriously consider trying to stop payment if you have real reason to suspect that the landlord is trying to cheat you. It's probably too late, though.
Answered on Sep 08th, 2011 at 8:22 PM

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Criminal Defense Attorney serving Pittsburgh, PA at Law Office of Jeffrey L. Pollock
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A landlord must provide proof of damage within 30 days of the end of your tenancy to justify keeping your security deposit or else you could win double damages in court.
Answered on Sep 08th, 2011 at 8:21 PM

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