QUESTION
What can I do if landlord won’t return security deposit is there an instance i.e.: misrepresentation that I can sue for 3 times amount owed?
Asked on Mar 05th, 2013 on Landlord and Tenant Law - Delaware
More details to this question:
I have a former landlord that will not return security deposit though twice promised to do so is there an instance such as misrepresentation where I can try to recover 3 times the amount owed? She gave me 5 days notice to move instead of 30 and had said parking my work vehicle on the premises would not be a problem but it was I had a tow notice slapped on it the 1st night I had vehicle there per association rules work trucks are not permitted overnight parking.
5 ANSWERS
You have a claim for breach of contract. If you can prove fraud or misrepresentation, you could get punitive damages.
Answered on Mar 08th, 2013 at 11:36 PM
If the security deposit was not returned or accounted for within 20 days of your moving out, you can seek the return of the deposit plus damages in small claims court. You should consult your local small claims advisory.
Answered on Mar 08th, 2013 at 1:17 AM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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Take him to court. You are under Michigan Statute allowed to collect double the security deposit. If it was not held in escrow you may be entitled to treble damages if you frame your facts correctly.
Answered on Mar 07th, 2013 at 1:47 AM
If you are in California, your landlord has 21 days within which to return the security deposit and if for less than the amount of deposited to account specifically for what was spent. If the landlord fails to do this they can be held liable for 2x the amount of the security deposit plus actual damages.
Answered on Mar 07th, 2013 at 1:00 AM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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If he has no reason to keep deposit you can sue for it.
Answered on Mar 07th, 2013 at 12:30 AM