• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

security deposit.... new info.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

C

curious_george

Guest
Hello,

I recently made a posting regarding my deposit that is being withheld by the landlord. In the lease it states that the landlord has 15 days to refund the deposit or send notice of intent to withold deposit. The lease provides an example of the notice that should be sent. In this example it is stated that the landlord forfeits his right to impose a claim if the notice is not sent within 15 days. His notice to me did not include this. Nevertheless, the fact remains that the lease states the notice must be sent within 15 days.

The notice was not sent till 18 days later. Thus, I have been informed that I can take him to Small Claims court.

The new information is that, on the lease it also states that:
"Unless the Tenant objects to the imposition of the Landlord´s claim or the amount thereof within 15 days after receipt of the Landlord´s notice of intention to impose a claim, the Landlord may then deduct the amount of his claim and shall remit the balance of the deposit to the Tenant within 30 days after the date of the notice of intention to impose a claim for damages."

I failed to respond within 15 days as I figured that he had forfeited his right to impose a claim at all as the notification was sent outside of the 15 day notification period. Should I have responded to his notice within 15 days even though he forfeited to his right to claim the deposit as he waited too long? I responded 30 days later.
 


T

Tracey

Guest
Sometimes a judge will decide that if A has breached the contract, then B is released from any duties under the contract. Sometimes the judge decides that B has waived the breach if B doesn't meet object in a timely fashion. The judge SHOULD pick one rule & stick with it, but ours is not a perfect world. :) If I were the judge, I'd say that your failure to respond in 15 days did not excuse his failure to send the notice in 15 days, so you'd win. Sue him. Small claims only costs about $30 to file & you won't get your money back any other way.

------------------
This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws. [email protected]
 
C

curious_george

Guest
Thank you for your advice.

I intend to write the landlord one final letter making him aware of my intent to take the case to small claims and see if he decides to legitimate the matter personally.

Should he not respond to this attempt to reach him, I will, without hesitation, take matters to small claims.

Thank you, once again, for your advice.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top