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-   -   Security Deposit (https://www.askmehelpdesk.com/showthread.php?t=155950)

  • Nov 25, 2007, 07:42 PM
    slewis33
    Security Deposit
    I had given my landlord a 2-week notice that I was moving and verbally told him about 2 weeks befiore that; I would possibly be closing on a new house on August 31, 2007. I sent him the notice on October 22, 2007. However, I have him my keys on Sept 4, 2007 thinking he got the letter. He claims that he did not get the notice.

    On October 22, 2007, I asked about my deposit since I hadn't heard anything from him.

    On November 17, 2007, he sends me a letter about my security deposit, after I leave message on his phone about sending me a letter to my home.

    He sends me a letter stating that I abandoned the property but in the letter he reports the boxes in my house and that he saw that I was moving. He claims I had 1300.00 dollars in damages but my deposit was 550.00. I took pictures of the whole house and the damages that I believe I was at fault and the damages don't total 550.00.

    He has passed the 45 day requirement by law in returning my deposit. Also, he wrote on the letter that this is not a bill. I never had a new lease signed once the last one expired.

    Do I have a chance at getting my deposit back or was I at fault for not giving a 30 day notice?

    Please advise!
  • Nov 25, 2007, 08:03 PM
    Fr_Chuck
    First you will have to have given him a 30 day notice, normally considreed from rent due date to rent due date.

    The dates of sep 3 you gavehim the keys but did not give him notice till oct? Something not sounding right.

    If you gave him a ntoice on oct 22, if the rent is due on the first you baislcy owe for the month of Nov rent.d

    I would say that if you did not pay a full rent after your notice you may well still owe him money
  • Nov 25, 2007, 08:11 PM
    ScottGem
    Consider yourself lucky that he doesn't sue you for the balance.

    I agree with Chuck that your dates seem out of whack. But the bottom line is you need to give 30 days in writing. And you should have had a walk through with the landlord to determine any damages.

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