QUESTION
I am suing Eucalyptus Realestate, a multimillion dollar Corp, for failing to return rental and pet deposits within 30 days as per law.
Asked on Feb 07th, 2018 on Landlord and Tenant Law - Kansas
More details to this question:
I rented an apt at Barclay Square Apts in Nov 2015 and paid $200 deposit and $250 Pet deposit. Rent also included $28 for sewer and water. I did not occupy the apt until end of April and moved out end of June. Landlord did not return my $450 deposits yet. They gave me a final statement saying they owed me $552 but numerous attempts to ascertain what the $552 covered were unanswered. In Oct I received a certified letter from Eucalyptus Realestate but all it contained was another duplicate statement.
1 ANSWER
Hi James,
KSA5 8-2550 allows you to recover the security deposit and a penalty of one and a half times the security deposit. the Landlord has a duty to notify you of any amout deducted from your security deposit and the reason for the deduction within 30 days of the termination date. in your case the landlord has failed to notify you of the reason for any deduction. you are owed at least $450 and possible $552 based on their acounting. in addition you are owed a penaly of at least $675 and at most $828. you cannot recover attorney fees in a suit against a landlord. i can represent you to send a demand letter and negotiate a return of the deposit and penalty on a 1/3 contingency fee, but will not file suit as the amount is too small. your best option is to go to small claims court.
Answered on Feb 07th, 2018 at 10:33 AM