Question:

Landlord doesn't want to refund security deposit...?

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My husband and I just moved closer to family. I had a 6 month lease with my now previous landlord. We stayed the full 6 months, always paid rent on time, gave plenty of notice, cleaned everything when we left, etc. After a week of trying to get a hold of her she finally called my husband back today and told him that she wasn't refunding the deposit because the place wasn't "clean enough". She said it wasn't vacuumed good enough, and the yard hadn't been mowed. Well, when we moved, the yard didn't need mowing and the carpet is very old so it's not going to look brand new... it's worn and ragged. But I vaccumed over the carpet twice and swept and everything. The place is at least 30 to 40 years old so it had a lot of wear and tear on it when we moved in & there's no way we could've got it any cleaner. We didn't damage or break anything either. Our deposit was $300 & she doesn't want to give it back... We live in TN, does anyone know what we can do to get our deposit back???

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  1. New Jersey and most other states security has nothing to do with rent. If they did not notify you within 30days  in writing what bank you security was money  deposited in,  you can sue the landlord for double the orignal amount. The landlord must notify you within 30 day of refusal to give deposit back and take you to small claims court to keep the money. there are some  laws and info listed with you local county courthouses werb site. ..I am currently awaiting a trial date for the same situation and I will win and so will you if you go and file the paperwork good luck . ps you could owe them a years rent and they cannot touch your security....good luck


  2. file a complaint, read more at texas tenant advisors

  3. I really hope you took pictures when you left, so you can argue it,,, because if you were to take legal action its possible she could just wreck the place or dirty it up and say you did it. If you took pictures, the law is on your side and she pretty much has to give it back. If you didn't and it goes to court, the law is on her side and your money is likely gone.

  4. Tennessee Security Deposit law:

    Security deposits.

    (a) All landlords of residential property requiring security deposits prior to occupancy are required to deposit all tenants' security deposits in an account used only for that purpose, in any bank or other lending institution subject to regulation by the state of Tennessee or any agency of the United States government. Prospective tenants shall be informed of the location of the separate account.

    (b) Within three (3) business days of the termination of occupancy but prior to any repairs or cleanup of the premises, the landlord shall inspect the premises and compile a comprehensive listing of any damage to the unit which is the basis for any charge against the security deposit and the estimated dollar cost of repairing such damage. The tenant shall then have the right to inspect the premises to ascertain the accuracy of such listing. The landlord and the tenant shall sign such listing, which signatures shall be conclusive evidence of the accuracy of such listing. If the tenant refuses to sign such listing, the tenant shall state specifically in writing the items on the list to which the tenant dissents, and shall sign such statement of dissent. If the tenant has moved or is otherwise inaccessible to the landlord, the landlord shall mail a copy of the listing of damages and estimated cost of repairs to the tenant at the tenant's last known mailing address.

    (c) No landlord shall be entitled to retain any portion of a security deposit if the security deposit was not deposited in a separate account as required by subsection (a) and if the final damage listing required by subsection (b) is not provided.

    (d) A tenant who disputes the accuracy of the final damage listing given pursuant to subsection (b)may bring an action in a circuit or general sessions court of competent jurisdiction of this state. The tenant's claim shall be limited to those items from which the tenant specifically dissented in accordance with the listing or specifically dissented in accordance with subsection (b); otherwise the tenant shall not be entitled to recover any damages under this section.

    (e) Should a tenant vacate the premises with unpaid rent due and owing, and without making a demand for return of deposit, the landlord may, after thirty (30) days, remove the deposit from the account and apply the moneys to the unpaid debt.

    (f) In the event the tenant leaves not owing rent and having any refund due, the landlord shall send notification to the last known or reasonable determinable address, of the amount of any refund due the tenant. In the event the landlord shall not have received a response from the tenant within sixty (60) days from the sending of such notification, the landlord may remove the deposit from the account and retain it free from any claim of the tenant or any person claiming in the tenant's behalf.

    (g) This section does not preclude the landlord or tenant from recovering other damages to which such landlord or tenant may be entitled under this chapter.

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