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How can I get my security deposit back from from the property manager/ landlord?


I used the excuse that my boyfriend & I want to get a dog to break the lease in August. The manage office said as long as I can find someone to replace us then we will get out deposit back. By Sept.1 we had found new tenants and moved out of the studio. A month comes around, no security deposit. I called and the property manager accused me of having a dog in the appartment. Which is not true. He got his facts straight and said he will have check for me that day. I waited for him to process the paper work since then; that was a week ago. I haven't heard from him since. He has all my informantion already.

Your lease should spell out the time frame for returning your deposit. Most leases don't allow for the termination of the lease for something as voluntary as the want of a pet. I'm surprised the landlord has agreed to return your money at all.

That said, if he has agreed to do so and doesn't comply with the time frames defined by the lease you would have to go to small claims court to recover your money.

The simple answer is that you must file a lawsuit in small claims court.

First because you did not fulfill your actual lease he is not required to give you your deposit back, I can't believe he agreed to that in the first place. However, you can probably get it back anyway. First thing I need to know is this an individual owner or a property management company? Does he have a superior? Contact this manager and ask him for the reasons he is not giving you your security deposit in writing. This will immediately make him apprehensive, and it's a safeguard because people's stories change in court. Second, ask him for the number to his home office and the name of his immediate supervisor. At this point he should say he is going to give it back to you if he doesn't then you are in it for the long haul and you will have to file against him in court. If you didn't get it in writing that he agreed to let you out of the lease with a sublet and still give your deposit back then you are basically screwed. Also, if he claims repairs had to be made before people moved in, or whatever, ask him for a copy of all receipts for work that had to be done after your move out. He has to have those in order to legally charge you for them. Also, ask him for a copy of your move in inspection sheet, if he doesn't have one he can't legally withhold your security deposit for any damages. Best of luck.

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