Gave notice and forwarding mailing address. Landlord visited the day I was moving, said don't worry about extra cleaning or holes in walls. Since I had been there over 3 years they were going to go through the place. Called 3 times since. After 40 days I called again, he asked for my mailing address and said he had bill for 400 for painting and over 500 for cleaning. His family does the work also.. So any bill would be fabricated. Problem. I didn't send my 30 day notice certified mail, but they did call me to say they received it. I also never got any statements annually showing interest on my account. I don't have copy of my month to month lease but have a copy of my security deposit which was noted in the memo but paid to the rental agent who showed me the apartment. Landlord said he was sending me some money back, but still didn't know how much yet.. After 40 days! Should I go to small claims? Will not having much documents kill my case? Thanks for the help.

How big were the "holes in the wall" first, and how much did the apartment need painting? Do you have photos of the day you moved out? Have you make your repeated requests for your deposit return in writing yet? Phone calls with some people don't cut it, nor does phone calls cut it in Court.

How much is your deposit that landlord is holding?

Hello J:

In SOME states, the landlord must return the deposit OR an explanation WHY he didn't, WITHIN a certain time frame. In MOST states, that's about 2 maybe 3 weeks, and your state is a VERY tenant friendly state. If he violated that provision, it doesn't matter HOW many holes you left, or whether you have much paperwork, he's liable for the return of the ENTIRE deposit, and maybe more.

We have copies of your states landlord/tenant law at the top of the real estate page on a "sticky note".

excon