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sujitswaroop · May 21, 2007, 11:54 AM

Hi
I had a 11 month contract and moved out at the end of the 11th month. I have a security deposit of $900 with the landlord. When I vacated the landlord did not come for an inspection even after I repeatedly asked her to provide a date. She then used her spare key to open the apartment and then had her repair work done and now claims that the expenses had been in excess of $900. There was no damage at all to the apartment which could result in more than $900. I feel that she has literally taken my money and being totally unfair. I don't know what to do. Please help.

There was no written communication with the landlord for anything apart from the lease agreement.

Can I consider having a lawyer from the free services and appeal in the small claims court.

LisaB4657 · May 21, 2007, 12:22 PM

You won't need an attorney for this. You can file a lawsuit in small claims court yourself. In most states in the US the landlord is required to provide you with either the security deposit or a detailed, written accounting of how they used the deposit, within a certain amount of time after you've vacated the property. If they don't provide you with the deposit or the accounting within that time then very often a court will rule that they forfeit the right to keep any of the deposit. Also, in many states the court will award you double or even triple the amount that the landlord wrongfully withheld.

Look at the sticky at the top of the Real Estate Law forum to find out the laws in your state. Do a Google search to see if your county has filing instructions online for small claims court. Search for your county, your state and "small claims court". If they don't have anything online then you can go to the county courthouse and pick up the forms you need.