Ask Experts Questions for FREE Help !
Ask
    tidw0516's Avatar
    tidw0516 Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Nov 15, 2010, 03:15 PM
    Late and Partial Return of Deposit
    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!
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
    		  
    #2

    Nov 15, 2010, 05:38 PM

    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
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
    		  
    #3

    Nov 15, 2010, 07:16 PM

    Depends on whether there is a treble damages provision in your state.
    tidw0516's Avatar
    tidw0516 Posts: 2, Reputation: 1
    New Member
    		  
    #4

    Nov 16, 2010, 08:34 AM
    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.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
    Ultra Member
    		  
    #5

    Nov 16, 2010, 09:22 AM
    Quote Originally Posted by tidw0516 View Post
    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.
    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.
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!

Can I cash a partial refund of my security deposit and retain my rights to sue for th [ 1 Answers ]

Can I cash a partial refund of my security deposit and retain my rights to sue for the balance? The memo section of the check simply says "Security Deposit Refund". She kept $2,800 of my $7,600 Security Deposit. The landlord's husband passed away suddenly soon after we first looked at the house....

CA Security Deposit - can I cash partial refund & still sue [ 16 Answers ]

Just received Security Deposit back 25 days after lease ended, several debatable charges, no receipts attached. Check says "Deposit in Full" in memo line. Can we cash it and still have the right to sue for the balance in small claims? Thanks

Security deposit deductions from smoking and late return [ 4 Answers ]

I'm hoping someone may be able to advise me on what to do. I rented an apartment in California in March '08 on a month to month lease. On November 26, 2008 I gave my manager my 30 termination of tenancy notice, stating that I will be gone by Dec. 31, 2008. I did my final clean up of the apartment...

Partial Return of Security Deposit [ 5 Answers ]

My landlord only returned $200 of a $1200 deposit. If I cash the check for $200, will the affect my claim in small claims court? I do not want anyone to think I accept only the $200.

Late Return in Security Deposit [ 26 Answers ]

I was living in a room of the landlord's home on a month by month basis. Unfortunately, I received notice of a job opportunity elsewhere mid-month (october). I notified my landlord that I was moving out by the end of the month (approximately 2 weeks) without being aware of the 30-day notice rule. ...

View more questions Search