Can my landlord keep my security deposit for damages I did not do??
962011
You need pictures. I would call a real estate attorney and see if they can help. Sometimes when you mention the law they change their tune.
720110
It all depends on the contract that you signed.  Most of the time you get the deposit back in full if you do a good job cleaning and maintaining the place.  If you don't, they keep it to go toward your lack of maintenance.  If it's part of your contract that you do get your first month rent back, then you will (or should).  Check your copy of the contract to see for sure.  If it's not part of your contract to get your first month back, you probably shouldn't worry about getting the deposit back either because he kept it for this month's rent instead.  Again, review your contract.
1113052
Let the potential landlord know your situation.  Also, they tend to look at the score only, not the actual report.\n\nWorse comes to worse, offer additional security deposit.
943698
Your landlord must send you your security deposit no later than 30 days after you move out.  You must, of course, give them your new address within 7-14 days, or they have the right to keep your deposit.  Should there be any damages that require a deduction of your security deposit, it must be in writing and must accompany a check for the remaining balance of the security deposit.  If you disagree with their deductions, you must state so in writing within 7 days of receipt of their letter.  They then have 45 days to either refund your money, or give you a better reason as to why they are keeping it.  If it goes past 45 days, then the law finds automatically in your favor and I believe you are entitled to one and a half times the amount of your security deposit back (up to $1750).  \n\nIf you never received the deposit, or a letter after 30 days, contact the apartment complex (or rental company).  If that doesn't work, contact the Fair Housing Agency in your area.  They will be able to help you get things going.\n\nHope this helps!\nStacey
550025
This is not a simple question - if you live in the USA, especially. There are laws that cover Security Deposits and Fair Housing Guidelines and to ensure that you have no problems in the future, you need to comply with the Fair Housing law(s) of your State\n\nBoth Landlor and Tenants have rights under this law.\n\nYour tenant, for example, has the right to request/expect (and should be done) that the landlord conduct a walk-through of the rental unit time (1 or 2 weeks, depends on your laws and contract) prior to the official termination of the tenancy contract.  It is thru the walk-thru that you tell the renter if you will withhold any of his/her deposit  if repairs or cleaning are not performed by tenant.  After removing all personal property, the tenant can again request a final walk-thru wiht the landor to ensure thatll obligations have been fulfilled.  Accdg to your contract and laws, you have a certain number of days after vacating the place the landlord (you) has to  mail the renter the deposit or an itemized statement of any deductions taken out y the landlord.  If more than a certain amount of witholding is kept (limits by State law) by the landlord, you are required to accompany the itemization with copies of the receipts and documents showing the charges deducted.  There are other 'time limitations' but again depends on the State.I believe, but I can't remember, that the tenant can waive receipt of these documents.  There is other little things that you need to ensure you do to ensure that this tenant doesn't come back and bite you in small claims court.\n\nThe Letter can be simple:\n\nLetter to (legal/full name of tenant as in contract) and address he provides you.\n\nSubject: describe here the rental property (full legal address, unit number and renter name)-Rental Dates to-from\n\nDear Mr XXXX\n\nOn date you notified me that you would vacate the xxxxxxxx property.  We inspected (if you did) the xxxxx on date and xxxxxx date.  \n\nNo damages where found or damages where found as follows\n\nand consequently repairs had to be made for a total cost of $$ receipts and description of work done are enclosed.\n\nFinal walk thru was made on xxxx. This letter confirms that All your personal property has been removed from the property.\n\nSincerely,\n\nyour name\naddress\n\n\n____________\nLetter received by (name of tenant and date)  \n\nnote: make sure that you have the tenant sign receipt of letter and date it.
581734
you can enter the apartment address into your local property tax website and get the owners name.  Or, contact your old landlord and see what the deal is.  To protect yourself you could put your rent money in an esscrow account and not touch it.  This shows your good faith, that you were setting aside the money, so they can't come back and say you were at fault. \n\nIt's strange the new owner hasn't contacted you.
1154725
Did you receive a copy of the walkthrough paperwork?  If so, the landlord should have noted soot damage.  If s/he did not then you have a good case.  Either way you should take the landlord to small claims court and argue your case.  They are going to have a hard time proving how much the damage should cost if they don't have pictures of it.\n\nEDIT \nThe burden of proof is really on the landlord.  He will have to prove that there was damage there, that it was caused by you and your roommate, and how much it cost to repair the damage.  For that he will have to bring in paperwork.  Also, any landlord without pictures of the damage isn't a good landlord.  It smells like a scam and the judge will see that.  You may not have known to have pictures but he should because he is the professional.  Your roommate will have to go to court with you.  He will be a witness to confirm your statements.  It really could go either way but I believe that the burden of proof is on the landlord.
672317
Keep the deposit or go to small claims court.
11813
I would talk to a lawyer to discuss your options. There might be a chance the landlord is found guilty of negligence.
1039944
Yes, you can first give notice to the owner of the problem. I would give 10 day, then tell them this is stressful for you, causing you depression, fear, and anything else you are experiencing.  Then tell them if this situation can not be stopped you will be moving on ___________date and expect your security deposit back with references.  Of couse, the state law would need to be looked up just to be sure.  Go to Tenant Landlord Law for ___________state.?
485291
I would think that you would be able to get your money back unless there was something specifically worded that you couldn't.  You never owned a pet and never signed anything, so I don't see what right they have to hold your money.  Some apartments you literally have to fight to get deposits back.  I had an apartment once, paid my pet deposit, and all I owned was a cat.  The deal with mine was that I got my deposit back upon leaving as long as there was no damage caused by the pet.  When I did move out, my apartment actually looked better than when I moved in but the landlord claimed damage that didn't even exist.  Long story short, I had to really show my a$$ and make a royal nuisance of myself, but I got my money back.
1172061
The laws are different between states. Look up that state's department of consumer affairs. Also NOLO has some good resources. Links below.\n\nYou don't need to consult a lawyer, it will cost you more. In general, figure out what your rights are (specific sections of the state code) and threaten the landlord, citing the code. Inform them in writing that you'll take them to the small claims court if they don't comply. If they doesn't respond (there may be time limits as to how long they can keep your deposit before returning it), be prepared to follow through with your promise.\n\nAlso, next time make sure that you get two little papers before checking in and out -- they should be inspection-like sheets with damages stated on them (and make sure you review them thoroughly and agree). CA requires landlords to provide them in a very timely manner -- usually you get the move-in when you sign the lease, and move-out before you move out, and if the landlord doesn't provide it, the law is on your side. It may be a little different for shorter stays, I don't know for sure, but this paper would save you every time in the eyes of the law.
870068
Check the wording of your rental agreement carefully. A reputable landlord (are there any?) would not charge or hold back on your deposit for things considered "fair wear and tear".  It sounds like your landlord is trying it on, assuming your description of the problem is fair and accurate.\n\nIf you are a student talk to the housing officer at your university/college. If you are a private renter contact the letting agency you got the property from.\n\nIf you didn't go through a letting agent then contact your local citizens advice bureau.
366147
You need to go back and look at your original lease. Also, if you are on HUD have you renewed your lease annually? Why the new deposit? Where is the last deposit? Your contract is rock solid, read it over and seek legal aid advice, most larger cities have a free legal aid
399544
You are responsible for one year. They will make you pay rent until someone else rents your apartment. Plus keeping your deposit, they can charge you for any damages above "normal wear and tear".\n\nIf you don't go along with whatever your lease says, they can take you to court, garnish your wages and you will be reported to the credit bureaus.
851798
Sounds shady to me.  Definately take them to court.  I hope you have proof, though.  like a receipt from the post office, a bank statement showing your cancelled rent check, or something.  If you can prove that you sent it on time, and the post office lost it, i don't know if you are responsible or not.  Let a judge decide.  Then move if you aren't in a lease.
42723
Call the Department of Health. The landlord has probably broken the lease and you can move with your deposit. I would have already moved if it's been since October. That is BS! I have kids mysself and I would not put up with that. I had a mold problem and I told the landlord I can move out because he did not provide aduquite quarters for my family, and I had to pay rent for a bathroom that I didn't even use. Good luck!