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Do I return the dep. check or keep it for court?

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fytfayr

Junior Member
What is the name of your state (only U.S. law)? Ks

I finally got my dep. back from my ex landlord. I did not receive it within the 30 days by law. It has been nearly 60 and it has been such bs what I've had to do to get it. They have been trying to avoid me and I won't disappear without my money back. I got a check today for 1/2 of it claiming I left the place unrentable and the carpet needed replaced. Those are both lies. They paid someone $250.00 to clean it ! ! All it needed was vacuumed because the elec. was turned off before I had a chance to. She is so unorganized, she did not know how much my dep. amount was and she forgot to have the elec. and other util. put in her name, her reply to me after telling her the elec. was off was "Oh **** !" She had a 30 day notice letter from me but didn't get the util. changed over. It was not turned back on the rest of that entire day so I was unable to vacuum. Whoever her superintendent is looked at the unit I didn't get a walk-thru that I requested. I'm furious to be said as leaving the unit unrentable. That looks bad upon my character. I'm super clean and have references. The carpet was 7 years old and still in top cond. I took pictures of the remnants laying outside in the driveway, top and bottom, no stains, looks brand new. She got ripped off by the carpet installer. I'm headed for small claims court but do I keep the check for 1/2 until court or do I mail it back to the landlord with a letter telling them I'm taking this to court?What is the name of your state (only U.S. law)?
 


Mrs. D

Member
Unless the check says something like "paid in full" or "this settles all claims," cash it and sue for the difference (those statements on the check are not likely to hold up in court, however, it's a good idea to dispute even the idea that you are settling if the check has endorsements like these on it). The amount your LL paid you back and the amount you're suing for are separate.
 

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