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    BOBOH3's Avatar
    BOBOH3 Posts: 1, Reputation: 1
    New Member

    Jan 18, 2009, 07:56 AM
    My Landloed has not provided a certificate of deposit for security deposit
    I have requested several times,verbally, a receipt for an escrow account for my 2100 dollar security deposit. The landlord has not complied and I feel he has spent the money.
    I called him on several occasions which finally he picked up the phone. I told him to figure on picking up the rent directley from me so we can settle this issue and some others. Now he has not stopped in to pick up the rent, it is 3 weeks know waiting. What are my legal rights on getting this money back, Can I not pay the rent for 1.5 months?

    Thank You
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man

    Jan 18, 2009, 09:13 AM

    Are you sure he is required to deposit the security? What state do you live in? Can you cite the law on deposits?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member

    Jan 18, 2009, 09:26 AM
    Hello B:

    Notwithstanding your dispute over the deposit, if you don't pay the rent, you can be evicted, and the deposit issue won't prevent that.

    IF the landlord is required to deposit your funds, then I'm sure there's a sanction for NOT doing so in your state landlord/tenant laws. Whatever it is, for sure it ISN'T withholding rent. Plus, it most likely won't be adjudicated until AFTER it becomes an issue. At this point, you have no legal issue, because you're not out anything.

    In fact, your only REAL interest in the money is that he pays the proper statutory interest on your money when he pays it back, assuming he does. You don't know that he's not going to do that. At that time, where he had it is moot.

    Certainly, you have no legal basis to sue him... In fact, because you haven't paid rent, HE has a basis for suing YOU.

    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
    Uber Member

    Jan 18, 2009, 11:03 AM

    If you don't keep current with your rent you will be evicted in short order and you will lose your entire deposit. Do you really want to see how this will play out in Court just keep not paying the rent and you will find out soon enough. The deposit money would probably earn a whopping $3.50 in interest anyway over who knows how long a period at today's interest rates. If you don't trust this guy now, you will probably have to take loads of pictures to prove you didn't damage the rental property and take the guy to court for the return of your deposit if and when you do move out.

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