QUESTION
What should I do if my ex landlord hasn't returned my deposit?
Asked on Sep 22nd, 2012 on Landlord and Tenant Law - Oregon
More details to this question:
I shared the house with 7 girls. He thinks that I stayed once I said I left but I just left my bed in the basement with permission from the other girls to grab it later. But he still hasn't returned my deposit OR given me a detailed letter as to why he kept the deposit.
7 ANSWERS
You may sue the landlord for the return of the deposit and for damages for failing to account for the deposit in a timely manner. You should consult a real estate attorney to assist you in putting together the proper paperwork.
Answered on Sep 25th, 2012 at 5:20 PM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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Small claims in Missouri has a maximum limit of $5,000. I suggest you sue him in small claims. Bring at least one of the other girls to testify on your behalf.
Answered on Sep 25th, 2012 at 5:18 PM
Dennis P. Mikko
If the landlord is wrongfully holding your deposit, you could sue seeking recovery of double your security deposit.
Answered on Sep 25th, 2012 at 5:17 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Sue him and report him to the state department of housing.
Answered on Sep 25th, 2012 at 5:14 PM
You were obligated to give him a written notice of your forwarding address within 30 days of moving out. If you did not do that... the landlord has no further obligation. If you gave proper notice, then the landlord has 30 days (after you move out) to give you a written breakdown of all charges and costs that he intends to deduct from your security deposit. Then he must return the "unused" portion. If you object to the charges within 15 days after that... then the landlord can either give you back the entire deposit or sue you for the costs. If he does neither, then you have the right to sue for double the deposit, plus interest and attorneys fees.
Answered on Sep 24th, 2012 at 3:26 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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This is a complicated question. Did you have a separate lease with the landlord or were you part of a combined lease with all 7 girls? If you had a separate lease he has to follow the Michigan Landlord Tenant Act and return your deposit within 30 days..or send you a damage notice and if you do not agree sue you to keep your deposit he could charge you for the cost of cleaning out your room.. including removing your bed. if he does not follow the law... sue him in small claims court If you had a joint lease.. your roommates should give you the money when they get it back.
Answered on Sep 24th, 2012 at 2:59 PM
Kevin Elliott Parks
You should have a consultation with a local landlord tenant attorney. Your group housing situation provides a bit of a peculiar issue concerning your tenancy that may impact what remedies are available to you, but generally speaking security deposits that are wrongfully withheld or otherwise not accounted for within a month are subject to double damages plus attorneys fees, which enables many landlord tenant attorneys to take such cases on a contingency fee basis.
Answered on Sep 24th, 2012 at 2:58 PM