Can a landlord keep your security deposit when you move out?

Question

Can a landlord keep your security deposit when you move if you wrote a letter telling them when you moved from the property, included your new address but didn't write that your would like your security deposit returned in full? Isn't it just common knowledge that they are supposed to mail it back within 30 days. My landlord is trying to keep mine saying because she may not be able to get a new tenant by September 1st. What does my security deposit have to do with that? What should I do now??

Answer 1

yes she can. she can say their are repairs to be done. did you break the lease?  

Answer 2

It might depend upon where you live.

In Davis, California, security deposits may NOT be held by landlords/property managers to cover rental costs, nor may they be used by a tenant in lieu of paying rent.

In most leases, you will see a line that stipulates when the deposit is to be returned. Unfortunately, there is no common sense where renting is concerned.

Technically, you did not break the lease if your lease was to expire on Sept 1st. You just left early and ate a month of rent at your old place while you moved into your new place (and hopefully paid a pro-rated rent for August).

The purpose of the deposit is to cover repairs other than expected wear and tear (carpet cleaning and painting are expected repairs, so you shouldn't lose any deposit money for those). Unless you caused damages of some sort, you should get the full deposit returned to you.

Check with the city offices regarding tenants' rights.

Answer 3

Yes, of course, she owes the security deposit unless you broke the lease.  It is her problem to find another tenant. Security deposit generally maintained for damages, not rent, but can be used that way. Send certified letter asking for deposit.  Today is the 4th, when did you leave?  You must have given close to 30 days notice?

Answer 4

If you moved out before the end of a lease, you owe the rent until it can be re-rented. The security deposit could also be held if there was damage or cleaning necessary to put it back into the condition when you moved in.

If you were on a month to month rental. A 30 day notice is all the is required and has nothing to do with her re-renting the unit.

Answer 5

Under that fact pattern if the landlord revived the letter before Aug 1, 2008 then all you would owe is Aug rent, if the letter was delivered in Aug, and the lease requires a full month rental notice to terminate then you maybe stuck for Sep,  

Answer 6

This one depends a little on the state, but only insofar as what notice you are entitled to if she DOES keep the deposit, and what she can keep it for.

Most states require either the deposit, or a list of charges to be sent to a tenant within 30 days of move out, so long as the tenant provided a forwarding address.

Not providing notice qualifies in some cases, not in others...again it depends on the state, more so than it depends on what is in your lease.

If you are unsure, talk to an attorney. In many states, if your deposit was wrongfully withheld, the landlord is liable for double, even triple the amount withheld, and attorney's fees.