My former landlord was well past his 30-day time frame for refunding my deposit, and did so only after numerous emails and a demand letter sent via certified mail. When I finally received the check, he had withheld $200, which I am aware he has no legal right to do. My question is this: If I file a suit in small claims court, can I file the suit based on the amount of my full deposit, since he was late, or only the $200 he has continued to withhold?

Any help is appreciated! Thanks!

You can and should do both. He blew the 30 day limit so sue for that, you may be able to get treble damages depending on where you live. The $200 he kept he will have to show the damages and receipts for repair, where there any damages? Where do you live

Depends on whether there is a treble damages provision in your state.

I live in Texas, and we do have treble damages. He is claiming the withheld funds were for paint touch-ups (he did not repaint or touch up anything that needed it before I moved in, and I patched and painted every spot I thought needed it - and left the can of touch up paint for him) and for the carpet. After the carpet was cleaned, I emailed him to let him know the power was being transferred to my new apartment and the carpet was still damp. He didn't turn the power on, and I'm guessing the carpet mildewed. The carpet, by the way, is original to the apartment (like EVERYTHING in the apartment). The apartment was built in 1981. Just to give you an idea of what he's like, I emailed him my first winter asking him to send someone to clean the chimney so I could use the fireplace. He never responded to my requests, and on the current listing for the apartment it says the unit has a "mock fireplace," just because he doesn't want to spend the $50 to have it cleaned.

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Originally Posted by tidw0516

I live in Texas, and we do have treble damages. He is claiming the withheld funds were for paint touch-ups (he did not repaint or touch up anything that needed it before I moved in, and I patched and painted every spot I thought needed it - and left the can of touch up paint for him) and for the carpet. After the carpet was cleaned, I emailed him to let him know the power was being transferred to my new apartment and the carpet was still damp. He didn't turn the power on, and I'm guessing the carpet mildewed. The carpet, by the way, is original to the apartment (like EVERYTHING in the apartment). The apartment was built in 1981. Just to give you an idea of what he's like, I emailed him my first winter asking him to send someone to clean the chimney so I could use the fireplace. He never responded to my requests, and on the current listing for the apartment it says the unit has a "mock fireplace," just because he doesn't want to spend the $50 to have it cleaned.

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Just how late was this deposit returned? When did you notify him you were moving, when did you actually vacate, and when did he return the deposit?

Did your landlord contact you at all regarding the deposit or were your e-mails being ignored? Did you do a walk-through inspection prior to moving in and prior to vacating?

He didn't clean the chimney - big deal. If he didn't have the furnace fixed and you had no heat, then I'd say you have a complaint.

In order for the carpet to mildew, there would have to have been an excessive amount of water in it. I shampoo carpeting all the time with and without the heat/air conditioning on and it has never grown mildew.