Ask Experts Questions for FREE Help !
Ask
    bxnz5709's Avatar
    bxnz5709 Posts: 1, Reputation: 1
    New Member
     
    #1

    Dec 13, 2010, 09:46 PM
    Return of security deposit
    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?
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
    Ultra Member
     
    #2

    Dec 22, 2010, 09:49 AM
    Quote Originally Posted by bxnz5709 View Post
    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?

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Security Deposit return [ 2 Answers ]

I just recently moved out of my rental home and my landord wanted to inspect the home alone but I insisted on being there so he did the inspection and said everything was fine and asked for an address to send the deposit to. The only damages there were was a few small tears in the basement carpet...

Security Deposit Return [ 26 Answers ]

California Law says that the landlord must refund the deposit within 21 days after you leave the unit. We left the unit before the closing date of Lease Contract. In this case, when the 21 days start from? Thank you in advance.

Return of security deposit [ 2 Answers ]

I live in New Jersey and on October 1,2007 my lease ended and I moved from my apartment.I gave my landlord 3 months written notice that I was not renewing my lease.I have not received my security deposit from my landlord. I called the landlord to see if there was a problem and he then explained...

Security deposit return [ 2 Answers ]

I am a pa landlord. Although I specifically stated on my Lease that painting is prohibitted, I did give my tenant permission to paint a "light, basic color". She painted a room navy/black, which was not acceptable. When she moved, I charged her labor and supplies in order to restore the room. I am...

Return of Security Deposit [ 1 Answers ]

I was a college student in upstate NY and rented an apartment off campus. When I left, I made sure that the apartment was cleaned and vacuumed. I wiped out cabinets, cleaned the frig, cleaned the stove to the best of my ability, washed floors, cleaned the bathroom (tub and toilet), and washed...


View more questions Search