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Can’t get rent deposit back!?
After my lease ended last Oct 31, I bought a house and moved into it. I was a good renter, always paid on time, and cleaned the house thoroughly before turning in my keys. I still haven’t received my $800 deposit back. At first he said he would give it back when he rented it out again; but when it didn’t rent he put it up for sale (it hasn’t sold yet) and now he tells me he doesn’t have $800 to give me.
He lives in a very nice house, has his kids in private school, and even recently built a vacation home on some island (Bahamas or Jamacia). I know about his house because in order to not be late I personally delivered his rent check there once; I know about the vacation house because I tried to call him about a problem at the house and that’s where he was; and I know about the kids because of his sob story about why he has no money….
I don’t care, I want my money! Is there any way I can make him pay me? It’s been nearly 6 months!!!
I have a lot to say about this and I know what I’m talking about.
To begin, lets erase your landlord’s other personal properties such as his Island home and his personal family situation. There is no relevance to that in regard to you.
First, your owner should have filed a W-9 in order to be a lessor. If he did not; he is violation of tax codes. Secondly, your security deposit must have been deposited into a separate bank account as escrow and separate from his personal bank account. Third, you should have been provided with a lease agreement that disclosed that the security deposit is held in such bank account and the details of the reasons that it may or may not be refunded to you. Typically cleaning fees such as steam cleaning the carpet are deducted from this deposit, but at the same time should be disclosed in the rental agreement.
In the rental agreement, it should state the terms of you moving out. Either 30 – 60 days notice is common. If you did that or if your lease automatically expired due to the language of the lease, then you would be due your security deposit, less damages that do not include normal wear and tear.
You indicated that you turned in your keys and that the unit was clean. If that is the case and inline with the contract, you should be due the deposit. If the owner cannot pay you because he “claims” that he doesn’t have it, then he is violation of laws that demand that such deposit must be held in escrow. The funds should be available and he is not allowed to spend those funds for any reason whatsoever.
The apparent fact that he has not rented the unit is irrelevant and is his problem alone. It has no bearing upon your deposit and because he says that he doesn’t have the money is no excuse. I would advise you to contact the Department of Housing in your area or even on a federal level. You are now due your deposit plus interest on that money.
Your landlord has broken the law as deposits for rentals must be returned within 30 days of vacating. If you are not due a return on your deposit for reasons of damage, he must inform you in writing within 15 days of you leaving the property. I will assume he has not done this. Your last resort, which should not happen is to take him to small claims court. He will lose and have to pay your deposit plus your attorney’s fees. If you must, consult a lawyer on a free consultation situation. I suggest any attorney would take your case pro bono (no cost to you).
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