I have former landlord that is keeping my security deposit because he says we broke our lease. We had a 9 month lease we fulfilled. We then communicated via email that we wanted to sign a lease for another 12 months (this was in 4/07). No lease was ever sent or signed by us. We gave our notice 4/08 - in communications back and forth - he stated he was going to return our deposit and that he had 30 days to do so. Yesterday he sends an email stating he not returning any of it because our lease was until 10/08 and we broke our lease. He says he has emails that are legally binding. I have the same emails and none of them say we were staying until 10/08. We wanted to sign another lease with him, but he would never send one - so there was no signed lease from 6/07 until we moved on 5/1. HELP!

IF you only stayed until 04/08, and you never gave any indication of staying longer, then you should not be legally bound.

Find a mean, bulldog lawyer that will call him on the phone and threaten him to give it back.

He says that our email stating we were wanted to stay another year (4/08) legally binds us - even though no new lease was signed. How he is coming up with October, 08 is beyond me. Can emails be legally binding with no signed contract? We are hoping an attorney friend will call/write him a letter tomorrow - if not - should we take him to small claims court. He is located out of state - would court be where we live or where he lives?

Definitely file a lawsuit against him. If you asked him in the emails to send you a new lease then the emails themselves did not "create" a lease and are not legally binding as a lease.

You have to sue him in the county where the apartment or house you were renting is located.

All sounds like great advice. I was going to suggest simply having a lawyer call first and request the money be returned or there will be a lawsuit. It wouldn't hurt to try that route first, and it would definitely save money if it works.

Thanks... we are hoping an attorney family friend will make the call tomorrow and we will see how it goes. I cannot imagine what the landlord is thinking. If we take him to court - then he has to fly here - he says he has contacted an attorney and that what he has is valid - my guess he is bluffing? Thoughts?

BLUFFING! Big time. I'm sorry you expressing interest in a new lease via email is not the same as you coming into the leasing office and signing a new lease. HUGE difference!!

Maybe, maybe not. Now if he said you owed him something I would say let him sue you. But since what you want is your deposit back, then you will have to sue him. Make sure you know the actual law on returning depoisits for your area (see the Sticky at the top of this forum).

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Originally Posted by ChihuahuaMomma

All sounds like great advice. I was going to suggest simply having a lawyer call first and request the money be returned or there will be a lawsuit. It wouldn't hurt to try that route first, and it would definitely save money if it works.

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That's basically what I said. :D Get a lawyer to hound him.

Thanks everybody... I have spent most of the day printing off more than 80 pages of emails that document our time in his unit from 9/06 until now. We will see what transpires tomorrow...

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Originally Posted by ScottGem

Maybe, maybe not. Now if he said you owed him something I would say let him sue you. But since what you want is your deposit back, then you will have to sue him. Make sure you know the actual law on returning depoisits for your area (see the Sticky at the top of this forum).

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He is not saying we owe any more monies - which if he did have proof of a valid lease that concluded in 10/08 - would not he require the rent for the months of May - October? He is only saying now that he is keeping our $800.00 deposit because we broke our lease. After I have emails that state he is returning our deposit - after the required 30 days.