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Old 06-19-2017, 05:41 AM
40 posts, read 19,669 times
Reputation: 31


You have a two ways of going about it.

You can move out and ask for the deposit. Forget about it if she refuses.
But I'm suprised your husband didn't care to get it back when he moved out as that was the end of his lease, so it sounds like she has over-held the deposit.

You can not pay rent last month and move out and call it even.
I'm not sure the legalities of this, but it looks like you have nothing on paper where you owe her any rent, so I don't think she has any basis to come after you. Worst case is she can come after your husband if that lease is active (if she refused to let him resign then I'm guessing it is not, but that's just a non-lawyer's guess).

I would go route#2 if I were you. If she is that terrible of a person, this would ensure she doesn't end up stealing from you (which she likely will based on her description) and I think the risk to you is very low (worst case she brings you to small claims court, forges documents, and you owe her the month rent you skipped).
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Old 06-19-2017, 08:39 AM
172 posts, read 78,511 times
Reputation: 372

There's a loophole that might help with your situation, one I've used and recommended to friends in similar situations, concerned about getting their deposits back.

The Rent Security Deposit Act requires the landlord put your security deposit in a separate bank account that pays interest. The landlord must tell you in writing the name and address of the bank where the deposit is being kept, the amount of the deposit, the type of deposit, and the current interest rate for that account.

This notice must be given to the tenant in writing within 30 days after the tenant gives the deposit to the landlord. The law says that the landlord must also give the notice not just within 30 days of getting it from the tenant, but every year at the time the landlord pays the interest to the tenant.

I've yet to hear of a landlord that actually does this. Failure of the landlord to comply with the RSDA in whole or in part triggers your options to request the landlord use the deposit (plus interest) as rent without the need to replenish the deposit at any future time.

For a larger explanation of your rights, and the Code(s) relevant to your situation, read more here:
LSNJLAW - Understanding Your Security Deposit

Side note: It's possible that this may not apply in an owner-occupied situation but the landlord likely doesn't know that.
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