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.
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.