security deposit return question (sublease, sublet, apartment)

[sekhmet1974]

We ended a sublet in mid-June, and our lease states that our security deposity (which is significant) is to be returned with 30 days of the end of our lease. Our subleaser is out of the state and was supposed to be back sooner but now says won't return until the end of July at the earliest. They want to do a walk through before returning the security deposity, but now unexpectedly won't be back before the deadline of when it should be returned to us via our lease (so by next Thursday). I realize it is only a couple of weeks more, but we were anticipating getting this money back no later than the date of the orignal legal agreement. Suggestions/advice?

[aweitzm1]

Originally Posted by sekhmet1974

We ended a sublet in mid-June, and our lease states that our security deposity (which is significant) is to be returned with 30 days of the end of our lease. Our subleaser is out of the state and was supposed to be back sooner but now says won't return until the end of July at the earliest. They want to do a walk through before returning the security deposity, but now unexpectedly won't be back before the deadline of when it should be returned to us via our lease (so by next Thursday). I realize it is only a couple of weeks more, but we were anticipating getting this money back no later than the date of the orignal legal agreement. Suggestions/advice?

I would suggest maybe asking for at least half of it back especially if you need it to rent a new place. Could you take pictures of the place and send it to your landlord?

[Fred314X]

What can you do if they're out of state? They are entitled to that walk-through, which can be notorious for creating reasons to withhold part of the security.

Should that happen, here's one thing to keep in mind (which I know from experience with a truly scum-of-the-earth landlord): the interest on that security deposit is yours, regardless of any excuses they cook up during the walk-through. That must be returned to you by law, without exception. When my aforementioned landlord tried to withhold it, I took him to court. He didn't appreciate my actions at all--but he did return that money to me!

[sekhmet1974]

Originally Posted by Fred314X

What can you do if they're out of state? They are entitled to that walk-through, which can be notorious for creating reasons to withhold part of the security.

Should that happen, here's one thing to keep in mind (which I know from experience with a truly scum-of-the-earth landlord): the interest on that security deposit is yours, regardless of any excuses they cook up during the walk-through. That must be returned to you by law, without exception. When my aforementioned landlord tried to withhold it, I took him to court. He didn't appreciate my actions at all--but he did return that money to me!

They are not the landlord of the building or apartment, but a subleasor (we subletted from them). They actually live there but have been out of state. It was a legal sublet agreement with a signed and legal lease. Our lease specifically says the security deposit is to be returned at the end of the lease or within 30 days. While I understand they are unexpectedly out of town, this is also not my issue. The legal contract must be abided by. While I understand their desire and right to have a walk through, the making of other arrangements to have it done is their responsibility not mine. I should have been more clear, but what I am really asking for is a diplomatic way to respond so that I am clear but not attacking or on the offense. Whenever possible (which I believe it always can be), I strive for "elegant endings."

Thanks in advance.

[sekhmet1974]

Originally Posted by aweitzm1

I would suggest maybe asking for at least half of it back especially if you need it to rent a new place. Could you take pictures of the place and send it to your landlord?

The taking pictures might be a possibility. Thanks for the suggestion.

[jcoltrane]

Originally Posted by vanwyck

So next time before dispensing what is essentially legal advice, read the law.

Thank you.

The thing is STOP posting as if you know! As if you have some special knowledge. Some special experience. Some special education. You do not.

People need facts! Not supposition, not conjecture, not what one pulls outta their *** based on some isolated experience.

****

The law states a reasonable period. What is reasonable is up to the judge. In which case, a couple of extra weeks is reasonanle.

That said, in your case, you have a written contract stating 30 days. Great!

The problem is how do you enforce the contract? What penalty is their for non-compliance?

This is your mistake. You s/h included a penalty clause. X amont per day blah blah. As it is the LL has little incentive.

Enforcement? The court system of course, but seeking remedy in a timely fashion is problematic, as its only a couple weeks time. So, it really isn't worth the effort.

What you did in making the contract you left yourself as the likely party seeking redress given the LL is out of town.

You could have simply not paid the last month's rent. Advising the LL to keep the security in lieu of. Of course, given both the rent and security are equal. Doing so puts the LL in the position of seeking redress. Of course, not exactly legal, but commonly done.

Patience.