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My Landlord spent my deposit, is this legal? What should I do?
I'm about to move out and should be getting my deposit back, But I found out my Landlord doesn't have it. She said she loaned it to someone. It's not alot, but I'm on Social Security, and can't afford to lose it. What can/should I do? *EDIT - I have a month to month lease, I gave my 30 day notice, and there are no damages. Edit* no there ARE NO DAMAGES. & I took pictures to prove it. The reason I'm moving is because I moved to Hawaii from Colorado after awnsering an add for a "private room & bath with shared kitchen". She did not tell me there is no drinking water or cold food storage on the property until the day I got to Hawaii & moved in. It is also infested.
3 weeks ago - 4 answers
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Check your lease agreement. There may be a notice in there about how long she can wait before paying your deposit. It took me six months to get my last deposit back when I moved, because the lease said they could drag their butts for exactly that long. You can file a civil claim if they break their contract and refuse to pay you your deposit without notice and good cause (i.e, you didn't destroy your apartment), and go from there.
by Sarah
3 weeks ago
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Your deposit was suppose to be put in a bank account for safe keeping not for lending. If she refuses to give it back and you deserve it you will probably have to take her to small claims court.
by franky- 3 weeks ago
The landlord is required by law to return your deposit less any damages within a specific amount of time, per your states landlord tenant laws. The amount of time varies by state, so you would have to look it up - it can be anywhere from 10-45 days after you vacate. If your landlord does not return your deposit per the law, your only legal option is to sue the landlord in Small Claims court. Not all states require the landlord to put the security deposit into an account. Again, you would have to look into your state's laws to verify the requirements.
by Trouble- 3 weeks ago
Have you moved out yet? If not, the landlord has in some areas up to 30 days to return your deposit (less damages) to you. Even though YOU say there are no damages, that doesn't mean the landlord won't find some and try to keep your deposit. At that point, you would have to decide if it is worth your while to lodge a small claims complaint against the landlord, go to court and try to get your $$ back.
by My Take on It- 3 weeks ago