My landlord has been refusing to return my deposit for about six weeks now - at first it was because he said the mould in the flat (which I moved out because of) was my fault, but having accepted that's not the case, he's still stalling.  I want to take him to court but is there much chance of winning?  And how do I go about it?
217502
You have a very good chance of winning.  Take him to small claims court.  The landlord has to prove damage to the apartment was caused by you.  Not only that, he has to return your security deposit with interest for the amount of time he held it.
478187
Time to get serious about the situation.  You have a contract and she has voided the contract with the bad check so she is out.  Did she tell you in advance about the bank problem?  If no then she is a con-artist and she will promise to pay in a few days and there will always be delays, stories etc.  She is bad news and you don't need to support her.   Kick her out asap and let someone else be duped by her.  Trust me I am in a similar business and I have heard every sort of excuse and sob story.  Don't give her any more time.  Go through a legal avenue so you son't have to listen to her stories first hand and fel sorry for her.  The next landlord will get the same bad business.
319694
I'm sorry to hear of your predicament.  One good thing is that your landlord cannot immediately evict you.  Contact different assistance providers in your area, including the government.  Good luck to you.
444534
Your landlord can refuse a walk-through.  It's not a law or anything.  If an apartment is not in move-in condition when you go to move in, your remedy is not moving in until it is ready.  Once you take possession, that's it.  \n\nAs long as you have the photos that prove the damage was there when you rented it, you will be fine.  She can claim that it wasn't, but more importantly ... you can prove that it was.\n\nYou don't need to "do" anything at this point.
513379
You already have two good answers that are correct.  I'm a landlord, too, and I agree with them both.  I would just add this:  it's good to be apologetic "I really am so sorry..." but don't be ashamed or frightened.  Your landlord doesn't want to evict you.  It's expensive and a hassle for him to do so; it takes a long time, requires court appearances by him or his lawyer, and after it's done, he has to go find a new tenant.  If you've been paying regularly all along, he wants to keep you as a tenant.  So explain what happened in brief but precise terms, tell him you have documentation of it if you do (receipts or whatever), tell him exactly when and how you will pay (from my next paycheck which I'll get on the 17th...) and he'll be quite content.  If he's half decent, he'll won't even ask for the late fee.
148676
The answer to your question should be in your lease if you signed one.  However, you can just take the landlord to court with your PROOF that a repairman has come and the problem is not fixed and PROOF that your utility bills are higher as a result.  Always make sure yor rent is paid and on time...it strengthens your case and causes the adverse if you don't. These cases are common and people do win.  So just make sur eyou have proof of EVERYTHING and then take it to court if you've already approached the landlord with your problems.  Give the chance first to allow for it to be fixed and have proof of that too if possible, then it will also be noted that you tried everything including allowing them time to fix the problem but to no avail.
379431
Send a demand letter both by certified mail and hand delivered - they have 48 hrs to return your deposit....Include the fact that they violated the terms of the lease, thus rendering the lease null and void, and you consider the lease cancelled.\n\nYou should have demanded your money back at 8am on Nov 2, 2006.  There is no reason to wait.\n\nStart looking for a new place today - stop by the small claims court in your zip code and find out how to request a hearing.  It may sound intimidating, but don't wait - and most small claims have days of the week "specific to landlord/tenant issues".\n\nAlso, you may very well be entitled to double damages.
676639
Check with state attourney general for a statement of what a tenant's rights are for.  She will probably be able to take him to small claims court and win.
113976
the only way your landlord can enter your rented home is with notice.  she cannot take a thing from there w/o a court order.  did you abandon it? if so then yes, with a court order the landlord can take everything.  unfortunately.
567080
She's already shown that she cannot be trusted if she gave you a bad ck.  If you call her at all, It should be to let her know that you will not accept another personal ck for return of deposit. Request that she give you a certified ck or money order.\n\nAfter the 45 day, just take her to court, let them deal with her as she has already shown a lack of respect to you by neglecting her obligations as your landlord.
208443
If you signed a lease (a written agreement) then for instance your the landlord and someone is renting from you then you have to give them a notice, then if they don't want to leave, then you take the matter to the magistrate, then wait some more (about 30 more days). Roughly, it will take 90 days and then the magistrate will send (more than likely)a Constable to escort the people out (or you if this is the case). The matter will be brought up at the magistrate level carrying a fine and the amount due in rent. If your on probation or something this shouldn't cause an uproar with your P.O. its not like its a new charge and then you would get violated. As far as your credit like I said if your paying on it (making an effort) then you shouldn't worry. But with everything else your credit is effected. I've owed $800 in rent and had someone come and lock me out and then the next day called the housing authority and made arrangements to pay the amount back and nothing came about this since, everythings fine.
355682
Present her another check - along w/ a prepared receipt for her signature....It's now Nov 29 - that's 28 days of late fees, ouch!!!\n\nYou can't prove that you paid and she can't prove that you didn't.\n\nYou need to pay her ALL back rent & late fees and so she has no cause to start the eviction process......AND then, you can fight to get your late fees back.\n\nOr pay her Nov rent w/ a certified letter stating why you are not paying the late fees as well......And ask that she acknowledge in writing that you owe or don't owe the fees...You can have the judge settle that dispute too!\n\nSmall claims courts are for landlord/tenant disputes....Send a demand letter to her for the return of your late fees w/in 10 business days....On the morning on the 11th Day go to Court and request a hearing date - then serve her via process server and mail\n\nDO ALL this if and only if you can prove your position....A good argument would be if you've paid previous months on time as instructed.\n\nI evicted a tenant w/out lawyers and while intimidating, the process is really tenant friendly....google your state and landlord/tenant laws and find out what your options are.....\n\nAlso, in some states, late fees can only be charged if they are "reasonable".....it's not defined in the statutes what "reasonable" is.....other states prohibit late fees if they are not specified in the lease.......FIND OUT - BE an informed tenant.
517021
This is an interesting one. If you have booked a reception venue, then usually they will try and keep your deposit - could be £1000 or more.\n\nBUT I saw in Which? magazine last month the story of a father who managed to get the deposit back because he argued that it amounted to a penalty clause (unlawful under English law). It was a penalty clause because the likelihood was that the venue would be able to get another booking, so the value of the deposit was far more than the loss suffered by the venue.\n\nBecause it settled out of court it didn't set any precedent, but it's probably worth a try.
416728
Change the locks at 12:01 am Dec 1.\n\nIf they haven't paid November's rent, you are probably entitled to keep it from their deposit.  Do your walk through (get a video camera if you can) on November 30, document any and all damage.\n\nIf they sue you, you will have to go to court, but if you have done everything by the book, I wouldn't sweat it, you should win.\n\nI do know that in NJ you have to provide them with a written statement showing the reasons for keeping any of the security deposit and I believe it has to be provided pretty quickly.\n\nJust don't verbally agree to return the deposit and then don't.  Try not to speak to them until they are out and the locks are changed, that way if they get back in it is breaking and entering and you could prosecute them.\n\nGood luck
447430
if he sues you in court show up, let a judge decided if the landlord's lease is legal,\n\nbut remember if he files against you and you do not show up he wins no questions asks
257173
CA real estate broker here, and the answer is unless it says otherwise in your lease, you have every right to turn the utilities off at the end of your lease.  \n\nPut that in writing to your landlord, and tell him that you expect not to be charged for this when he returns your security deposit within the 21 day time period he has to do so, and that if he does, you will take him to small claims court for the disputed amount, court costs, and the $600 statutory damages for failing to return a security deposit to a tenant.
481611
I am in the US and perhaps things are differerent here (we use the word "renting" instead of "letting" but the way I used to do it was that to obtain possession of an apartment a new tenant would make a security deposit of one and one-half month's rent plus the first month's rent.  The refund of the security deposit would depend on a 30-day notice of intent to vacate, So it did not only cover damages it also covered the lack of proper notice, for exactly the reasons stated in your question.  All these agreements should be in writing and spell out the terms so there is no confusion at some future date. Now your friend will suffer a finanacial loss because a prospective tenant defaulted on an agreement.  There should have been a written agreement as to what would happen in case of a tenant default, specifically stating the obligation of the tenant for the first month.  At the very least the tenant should be responsible for one month's rent for failing to give proper notice (the 5 days).  A landlord renting a house is a business, not a charitable organization. A tenant also has responsibility to fulfill terms of an agreement. Lack of a written agreement clouds the issue and opens the door for dispute.\n\nI used to be a landlord and never had any problems with anything like this.