Ask Me Help Desk - Return of security deposit

Quote:

Originally Posted by bxnz5709

Can a landlord hold my security deposit for a judgement he has against me for things he took me to court for before I moved out? I moved out 10/1/10 and gave my landlord the keys the same day. I put in a change of address in the post office immediately. My landlord has my email address. That is how we communicated in the past. She filed a judgement from me a few weeks before I moved out and she also evicted me. Its been 2 1/2 months and I have not received any thing from her regarding my deposit. I contacted her through email and she responded saying she kept it because I owe a judgement to her. Rent is not owed for the property. It is for a utility bill and replacement of oil in the tank. I put oil in the tank the day after I moved out and emailed her so that I am not responsible for. Is it legal for her to keep my deposit or can I file a judgement?

What was she evicting you for?

If the lease states that you were responsible to pay the utilities and you failed to do so, your landlord has every legal right to withhold your deposit and pay the bills. She cannot withhold for more than what you owe. For example: if you leave behind a $200 utility bill and your deposit was $500, she cannot simply keep the remaining $300.

How much was the judgment for? How much was the deposit for? Did you show up at the court hearing and address the issues at hand?