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Landlord won't return security deposit

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M

Mei-Mei

Guest
I live in Louisiana.

I moved into a rental house on June 1, 2001. At that time I paid the first month's rent of $1100.00, plus a security deposit of $1100.00. The term of the lease was twelve months.

On June 1, 2002 my lease was up. I did not remind the landlord that the lease had terminated, nor did he ask me if I wanted to renew the lease. I merely continued to pay my rent and I assumed that I was now on a month-to-month basis. This arrangement went on for several months. Then, in mid-October, my landlord sent a new lease to me and asked that I sign it. I did not sign the lease because I had grown dissatisfied with my house and I was planning to move. Instead I responded that I would be moving by mid-November, but definitely by the end of November. I paid rent for the entire month of November, and I moved November 26, 2002.

Now, my landlord refuses to return my security deposit, claiming that I broke the lease. Am I correct in the assumption that since he accepted the rent for several months with no lease in place that I was on a month-to-month basis?

Please help!

:confused:

By the way, I helped my landlord to find new tenants. He had rented the house to a couple by November 15, 2002, and they moved in December 1, 2002, four days after I had vacated. I had cleaned the house completely, and I took pictures of it after I had cleaned.
 


M

Mei-Mei

Guest
Oh, by the way, the original lease says nothing about automatic renewal at the end of its term. It's just one of those standard lease forms one can get at Kinko's or download off the internet.
 
M

maxim2

Guest
How did you respond, in writing, i hope.

Since you helped him find new tenants and he didn't lose any rent, then he deserves to be sued in small claims court.
 
M

Mei-Mei

Guest
I gave him my notice in writing, and I have sent a demand letter in writing, but before I drag him into court I want to be sure all my ducks are in a row. I would hate to have him claim that I broke the lease and the court agree with him!
 

JETX

Senior Member
There are a few issues that need to be reviewed:
1) If in fact there is not an 'automatic' extension provision in the lease AND that there is nothing requiring more than a 30 day written notice to terminate, then you may not have a problem.
2) Did you provide a full 30 day written notice to vacate?? Was it done with proof of delivery?? If so, what date is shown? Also, what was your last date of paid rent??
3) Did your landlord provide an accounting of your deposit status in WRITING?? If so, what date??

The Louisiana statute site is down, but the applicable statute for security deposits is: La. Rev. Stat. § 9.3251
 
M

Mei-Mei

Guest
To answer your questions:

I gave a written notice of my intent to vacate on October 16, 2002. In other words I gave approximately 45 days notice. I have proof that the letter was received.

My last day of paid rent was November 30. I moved out on November 26. My landlord did NOT provide an accounting of my deposit in writing.
 
M

maxim2

Guest
ART IV. LESSEE'S DEPOSIT

§3251. Lessee's deposit to secure lease; retention by lessor; conveyance of leased premises; itemized statement by lessor

A. Any advance or deposit of money furnished by a tenant or lessee to a landlord or lessor to secure the performance of any part of
a written or oral lease or rental agreement shall be returned to the tenant or lessee of residential or dwelling premises within one
month after the lease shall terminate, except that the landlord or lessor may retain all or any portion of the advance or deposit which
is reasonably necessary to remedy a default of the tenant or to remedy unreasonable wear to the premises. If any portion of an
advance or deposit is retained by a landlord or lessor, he shall forward to the tenant or lessee, within one month after the date the
tenancy terminates, an itemized statement accounting for the proceeds which are retained and giving the reasons therefor. The tenant
shall furnish the lessor a forwarding address at the termination of the lease, to which such statements may be sent.

B. In the event of a transfer of the lessor's interest in the leased premises during the term of a lease, the transferor shall also transfer
to his successor in interest the sum deposited as security for performance of the lease and the transferor shall then be relieved of
further liability with respect to the security deposit. The transferee shall be responsible for the return of the lessee's deposit at the
termination of the lease, as set forth in Subsection A of this Section.

C. Paragraph A of this Section shall not apply when the tenant abandons the premises, either without giving notice as required or
prior to the termination of the lease.

Added by Acts 1972, No. 696,§ 1. Amended by Acts 1974, No. 697,§ 1; Acts 1981, No. 499§ 1; Acts 1985, No. 578,§ 1.
 
M

maxim2

Guest
Then just bide your time for a few days, he has until tomorrow night to postmark the letter explaining his witholdng of the deposit.
 

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