I've been living in a room in the home of an older couple for 1 yr. and 4 months. I am now moving into my own home. Mr. Landlord says the $400.00 deposit for the room is not refundable. Is that legal? Is it really a deposit then? Isn't it a gift? :confused:

Thank you,
Catherine

He is wrong unless you signed a lease/contract saying he will not be refunding it (which I question if that is even legal)
You need to find the law of your state for deposits.
By law the general rule of deposits is the landlord has xx(usually 14 days to return deposit WITH interest. Minus an itemized deduction of repair costs. He is responsible for normal wear and tear and maintenance. Such as a furnace that quit working because it was on its last leg.

If you have not yet moved out completely take dated pictures/videos and take him to court.

It depends on how this deposit was referred to. Generally a landlord gets a "security" deposit. This deposit is used to repair any damages to the premises when the tenant vacates. Landlords are required to provide an accounting of how the deposit was used, within a statutory time frame after vacating.

Did you ever sign a lease? What state are you in (laws vary from state to state).

Quote:

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Originally Posted by ScottGem

It depends on how this deposit was referred to. Generally a landlord gets a "security" deposit. This deposit is used to repair any damages to the premises when the tenant vacates. Landlords are required to provide an accounting of how the deposit was used, within a statutory time frame after vacating.

Did you ever sign a lease? What state are you in (laws vary from state to state).

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Sorry! I forgot to mention I'm in California and the lease does not state that I will not get the "deposit" back. Thank you for your info! Very helpful!

CA is very tenant friendly. There are specific rules for security deposits. There are links to state laws at the top of this forum. I would check them out and then let your landlord know the law.