How to Protect Your Security Deposit

I moved into an apartment on May 3, 2006. I paid one months rent as damage deposit plus my first months rent.  On August 23, 2006 I hand delivered a letter to the property manager saying I would be moving out on September 23, 2006. I paid him for the full month of September. We made arrangements for him to meet me at the apartment at noon on September 23 to do an inspection and give him the keys and my new mailing address. He never showed up and I could not find him so I left the keys in the apartment along with a note with my new address. The apartment was cleaner than when I moved in. I expected to get my full deposit back. After one month I had heard nothing so I phoned and left a message. He never returned my call and still no refund.  After 2 months still no refund. I sent him a letter that he never answered. I tried numerous times to phone him and left messages which he ignored. It has now been over 3 months since I moved out and still nothing. I don’t know where else to go to get action. I was under the impression that the deposit was to be refunded within 15 days along with any interest. Is there something I can do to resolve this issue. I would appreciate any help I can get…. Ron Columbine

It is time to take legal action. Have receipts handy (rent, security deposit) and keep a record of the times you have called him. He is acting in an illegal manner and should be held accountable.

I never heard that you incur interest with your security deposit. Always thought that it had to be deposited in a NON-Interest bearing account

It’s worth your time to take landlord to small claims court……..Guaranteed you will win plus 3 months Court costs and punitive damages are your in your favor. Judges hate these kinds of cases.
Been there:):):)

My fiance moved into an apt. complex. We were shown one apt and then asked if we’d mind moving into another unit (that was NOT cleaned) and found out later that the ‘manager’s g/f STILL got paid as if she cleaned the unit). The lease stated that all utilities are included–we have NO HEAT–the bleed valves on the baseboards have been painted shut and NO ONE has been around to bleed the radiators so we use a space heater.  We have had a mouse problem for about 18 months. Once, the owner had a pest control group come around and set 6 traps–NO return visit. We STILL have mice.  The stove in the apt leaks gas–not from the hook-up (we had that tested when we called the gas co) it’s the oven–when you turn it off, it still leaks gas. Gas co. has been called twice about this and the owner threatened to charge US for the second call. Is that legal?  Now, thru the winter of 06-07, pipes have burst. The wall behind our shower is Niagra Falls and apparently pipes have burst under the floors. The bedroom carpet is saturated and water’s working it’s way into the living room. What damages is the owner responsible for? What is he liable to replace, if damaged?  that is good for a start in resolving this problem. Any advise is appreciated.

I also have a problem….my landlord had been receiving money each month since I moved in and recently has found himself in arrears with the bank and city for back taxes….which now has resulted in my family finding a new residence ASAP.  He does not know that I found this info. out and it goes even further but I am afraid I will not receive all of my security deposit either…. Should I give him notice…  HOLLA BACK

I just recently moved out of an apartment complex in December. The landlord was unable to meet with me to check out on the day I moved, so I was told to just leave the keys and my mailing address so they could send me my deposit. They ended up sending me a copy of the check out form saying that there was too much damage to the apartment, so I would get no money back. They had numerous items listed as having to get repaired but only one receipt showing the cost of replacing linolium in the bathroom. I tried to call them to send me all of the receipts and was told that they would call me back. It has been almost two months now and I have not heard back from the landlords. Is it illegal to not provide a copy of all the receipts to the damages the apartment needed to pay for? Any advise would be appreciated.

My son was evicted from his first apartment for reasons unclear to my wife and I. He paid his rent on time but he did have friends over often although they were quiet. The apartment manager told him the day he moved in he was not to have anyone over after 9:00 PM. He found cigarette butts on the driveway under my sons balcony (my son lived on the third floor) and the day after the landlord complained about the butts my son found he had stuck them in the crevasses of his car. He was asked to leave and given 6 weeks to find another place. Now the landlord is demanding $137.00 on top of not giving his damage deposit back. Who can we talk to about this?

I lived in an apartment for 6 years. I had two pets for which I paid an upcharge in rent. Upon moving out the landlord has claimed that the carpet is shot and must be replaced. Should I be paying the full price to replace any carpet that is deemed unusable? Or should this be charged on a pro rated basis?

all im asking can they keep your security deposited when u give them a 30 day notice and tiny damage was done only 13 dallars out of 156.00 do they have the right to keep my deposit when i left the apartment clean and a little damage please help me understand what had happen to me thanks terri cavanaugh

I signed a twelve months lease in 12/2006 on my apartment the apartment was sold in 02/2007. New owner gave me ninety days notice to move out. Do I have any rights? Why did this company rent me an apartment that they were selling? What should I do?

My front living room carpet was soaked with water teh 2nd year I lived here. This is now my 5th year and I would like the carpet replaced because the area closest to the front door is dry rot. Am I liable for this or is the lanlord. Also, is it true in colorado that carpet is replaced every 5 years and apartments are supposed to be painted every 3 years. Thank You.

My land lord came to me last year and stated that he was not going to renew my least, so now I’ve been living in my apartment with out a lease. How does my security deposit work? Am I entilted to my deposit?

Also I receive section 8 and my worker stated that I have to come in for an emergency transfer, because my apartment failed inspection, am I still entitled to my deposit?

I been living in an apartment community where I’ve had to call the police because a man was peeping in my window. I asked for a outside light twice. I did get the light. the first light it was a sensor. the man that peeping knew how to not trigger the light.I seen him with my own eyes. so they put a light out there that stay own. everytime that light goes out. maintence has a bad attitude. I had to hang up on him. I have a 6 year old son, I live in the back wooded area. I’m calling the owners in the morning to see how do I go by getting back my Deposit ASAP. they just dont care about my safety.

Let me say this- Of the numerous people I know that live in apartments or that have lived in apartments NO ONE HAS EVER GOTTEN THEIR DEPOSIT BACK! I have lived in my apartment for 4 years, after the first month the owners sold it and I got a new landlord who never made me sign a lease. After my lease was up with the old owners/ new landlord I never signed a lease. when we signed the lease we were told it was supposed to be painted and the carpets cleaned. NEVER HAPPENED!! Now that we are being practically forced out because the landlord wants to move his daughter in- I am having to rush to get out. Florida law states that the landlord only has to give 15 days notice if you pay month to month like I was. Let me tell you- that’s all I got to move my four person family. I have never done anything to my landlord or to anyone to deserve the attitude and treatment that my landlord has given me referring to this move. I know I won’t get my deposit back because I am getting blamed for stains on the carpets that were there when I moved in. As well, as the leaky faucets I have asked to be fixed, the bushes i have asked to trimmed and numerous other things that the landlord is responsible to fix and NEVER DID. If I could own a house I would- just so I never have to deal with a pompous landlord again!!!

Hi. I finishe dmy lease last March 1st 2007. I gave notice of it to my landlord 2 months in advance. I was a good tanent, the apartment was always clean, no damages, and I always paid on time. I did not have photographs of the apartment when I took it, I didn’t have any thing in writing about it, but I let him know verbaly about all what I found out of order like cracked wall in the kitchen and living room. By the time I gave him the apartment he was sad that I had to leave and also found the apartment in good shape. The only thing that bothers me is that he took $200.00 from my security deposit. He said he always repairs the floor (wooden floor) after someone moves out, and it was writen in the lease (yes, it was). My question is: Is it legal to add that condition in a lease even when my apartment’s floor didn’t need to be repair?

Hi, do you have any answer for me?

i pay four to move in to my apartment but the landlond dose fix anything in it are any one apartment what should we do

My roommate & I paid 50% each of the Security deposit. She moved out before the lease was up and now want me to pay her the amount of the deposit she paid. I dont feel I should “now” but at the time I decide to move out And get the total back I then would give her 50% of the security deposit refunded at the end of the lease term. What do others think I should do?

My landlord returned only $498.00 of my security deposit of $1600.00 after invasion of privacy, pirating my cable television for starters, and me paying rent for an entire month when I moved in four days after the first, and paying the whole month during my last month of stay when my rent should have been pro-rated until the 24th instead of the 31st. I am now seeking legal advice. I did not receive receipts and have no proof of damage. I am so sick and tired of people taking advantage and stealing I could just explode!

Does anyone know if there is a way to have an inspector come into the apartment, and file a report to have on record about the condition of an apartment, so the landlord cannot pull a fast one and claim its in bad condition when I leave.

I am moving from my apartment in June this year. My landlord is always bring poeple to show the appartment. I told him don’t bring poeple when I am not home. And also he let me know aheard of time to got ready. He said if he call and I don’t answer he will come to the appartment with poeple to show. Can he do that?

I have been in the same apartment for almost 7 years. How long does a person need to live in an apartment in the state of Wisconsin before a landlord cannot charge you for new carpet, flooring and etc. due to normal wear and tear?

Thank you,
Michelle

i feel that my tenant moved out only deserved $100 dollars security so did not cleaned apt good also put trash outside for me to get fined and never told me carpet in livingroom,bedrooms were damaged and bathroom either i never let know one come in to look at apt and she also moved out on june 1 fees should be added also?

i think landlord are very bad i have a land that dont know what his doring they paint wall plug and light plugs and dont care they only like two get they rent money and dont do there repair and i you clean you place before you move out you wont get youe mony back cause they take the money for them sleft and this land lord is no good that why i move out two a nice place and a very good landlord and she is very good not like the landlord i had his no them good he keep all deposit and make them wait 90 days for they money and dont get it all back he make them pay for wall plug when it dont work and he make them pay for stove knob and he dont clean clean the yard or fix old carpet thats over 5 year thays very very wrong

please tell me? does a tenant have the right to have an apartment painted and how often. can she withhold rent or have someone paint and send bill to landlord?

my freezer, not refrigerator goes on the blink from time to time, we notified the landlord for she made severl attempts thru sear to repair each time the repair man found no defect. over a period of 1mth of notifying mgmt, a new refrigerator was given. am i entitled to deduct money from rent for some lost in the freezer only?

My land lord did not provide a lease agreement. and i want to give him a 30 day notice, I called him approximately 3 times about the lease and he never provide one. He told me to give him a 30 day notice, but i will not get my deposit back. Please help me

My Land lord did not provide a lease agreement on March 15 2007, and I want to move out. I want to give him a 30 day notice, but i called him about the lease approximately 3 times and he never provide me a lease. He said over the phone I have to give him a 30 day notice, but I will not get my security deposit back. Please tell me if this information is true.
Thank you

Yes its legal. You dont like it then dont sign it or contact an attorny before you sign it.

I have never lived in an apartment all my life until now.(I am 52 yx. old) The staff of this apartment told me they would replace the carpet in my apt. when I moved in almost 2 yrs. ago. Also, my rent keeps going up a significant amount so I lease year to year instead of mth. to mth. Should I persist in new carpet?

This month my lease will end on the 31 of July,unfortunately there have been some damages in the house but we also have sometimes been late on the rent but not more than the grace period which was the 4th of each money now the lease did mention a late charge occur he be charging 30.00 a day when the rent is not given on the first our grace period is to the 4th and the 15th is the date he takes out eviction can he charge us like that? can’t he just keep the security deposit, can he take us to court if we choose to move instead of renewing for 6 mos? when our lease is up?

SECURITY DEPOSIT RETURN ACT

Illinois Compiled Statutes

Chapter 765

Section 710/1

Withholding security deposit - - Statement of damages - - Liability of lessor

A lessor of residential real property, containing 5 or more units, who has received a security deposit from a lessee to secure the payment of rent or to compensate for damage to the leased property may not withhold any part of that deposit as compensation for property damage unless he has, within 30 days of the date that the lessee vacated the premises, furnished to the lessee, delivere

just do wut u have to do and u stay out of trouble just clean walk it thru wit the landlord and get ur dep… tha is all… cause u will be payin more in the courts anyways…

what if another person bought the apartment from the other landlord do he have to give me my deposit back if some things was wrong before i moved in the apartment but i don’t have a listing of the things the other company hand it in my file but they sold all there property.what can i do.

My daughter rented a home from a “friend” of mine in 2006. Friend/Landlady had us both to sign a lease agreement for her protection to insure payment by me of the rent money. She also had my name listed as a lessee. I qualified for the the IRS tax credit for circuit breaker because I am 100% disabled. At the end of the year the Landlady would not refund my daughters security deposit, nor would she write a statement to acknowledge she received rent from me all of 2006. She also is disabled. She said the lease agreement was an under the table deal and social security, IRS or others were not to know. HELP!

This is my first time doing this but i need someones help me and my fiance let his best firnd and his girlfriend stay with us because they were kicked out.. only a couple days after they started a fire in my house while watching our kids so we kicked them out how long do we have to keep their stuff for???? they have not called we were told they moved out of the city and it has been two months….

hi..i moved in february 2007 to one-year old appartment with 2 people…we paid 1600 euro like a deposit…after 7 months i decided to move away…i called my landlord to come and check my room..so i can get back my deposit…he didnt come…he came next day exactly at the same time i was working..so i didnt get a chance to talk to him…so he just texted me…that my room is in bad condition..its gonna cost 600 euro..my deposit was 533 euro….the matress needs to be replaced a the wall needs painting because of mould…it was in a corner of my room,it wasnt my fault…what should i do?

I have not paid my rent that was due on 9 / 1 / 07. I got a verbal notice from the landlord telling me I was in default of my lease on 9/2/07. Then a written notice of default on 9/10/07, giving me 15 days to pay or be evicted. I still have not paid and I don’t intend to. I have now received a court summons to appear in court for not paying my rent. What will happen when I get to court and still have not paid my rent ?

i just moved out of an apartment in florida and i never signed a lease. an old roommate moved out that was living month to month and the landlord and i decided that i would pay him the security deposit and she would keep the $800 she already had. i lived there two more years on a month to month understanding. I had to move out and gave about 16 days notice. She is claiming double the damages against me including sept rent but i never signed a lease..ever. what are my rights?

I live in an apartment, when i moved in we did the walk threw. I asked the property manager in a letter that i have a copy to fix; the window in the masterbedroom, the fauset in the kitchen and some other things that we saw wrong in the walk threw. She had the fauset fixed, but the window still hasnt been fixed, and i have sent more letters still nothing. wnat should I do?

I paid 1st months rent ($1700) and security deposit ($1700). My terminally ill girlfriend and I had to move closer to home, which the landlord knew about. I spoke to the landlord ahead and said I have to give her 45 days notice. Which we gave way in advance. Come time to do final expection, I asked for the security deposit back and she said need to put new carpet in and it’s going to cost $1700.00, which she did not need. It’s been over a year b/c my girlfrnd in/out of hosp 4 a yr. Is it too late. I took pics, I have all documents. She even had an opening w/o my permission. I was at hm when they showed up?? HELP!!!

The guy I am subletting from (I didn’t sign a lease) asked me to move out so he could move his brother in. He gave me a month’s notice, but I left after five days. Am I entitled to my security deposit?

Thanks.

my friend/boss moved into my apt complex 05/25/07. on 08/13/07, she was served an eviction notice due to alcohol use in pool area, disturbing neighbors, and being ugly to the lady above her who has a 10yr old boy. this is the first time living in an apt., she’s 53yrs old, not accustom to neighbors over her head plus a failed marriage and selling her house of 28yrs.
now, the question she’s being
fighting with the landlord is since she was evicted does she get her sercurity deposit back? i would guess NO but cannot get her to realize that her problems caused this situation. help me? THANKS

#1 Join tenents assn in your city. They can help.
I moved into apt., owner also owned a realty co. This turned out to be EXCLUSIVE renting agent so had to pay FEE to realty co. + security + 1 months rent. Landlord did not tell me where sec. deposit was put(Bank), as req. by law. Wrote letter to landlord/return receipt req. telling him I used security for rent as allowed by law. He told me I couldn’t do that and tenents assn helped me and landlord backed down!
DON’T BE BULLIED, but you can’t be a day late or he has you by the lease and can kick you out.ALWAYS PAY BY CHECK, print cancelled checks!

I am trying to sue a owner for the return of my deposit she provided me with her version of the cost to re rent the apt which differs from mine but the only address i can find for her is a po box Can i serve the manager of the complex i lived in or not?

My girlfriend paid a deposit (1/4 of the move in price) to hold a place 13 days before moving in. 3 days later she changed her mind about moving there at all & asked for her deposit back. The owner had previously been holding it for her for a week before she paid the deposit & reminded her he accepted a lower than usual deposit anyway. Is she entitled to all or any of her deposit being refunded please?

She paid a deposit (1/4 of the move in price) to hold a place 13 days before moving in. 3 days later she changed her mind about moving there at all & asked for her deposit back. The owner had previously been holding it for her for a week before she paid the deposit & reminded her he accepted a lower than usual deposit anyway. In California is she entitled to all or any of her deposit being refunded please?

I just moved out of an apt and we paid the rent through the 31st of January. We were totally moved out by the 14th and the landlord had someone else in there on the 21st. They claim that the guys lease doesn’t start till the 1st of feb so even though he is living there they don’t owe me any back rent. Can they do this?

I live in NJ and am thinking of moving into Sr housing. Will I be penilized if I brake my lease?