Security deposit small claims?? (lease, home, buyer)

[atxcio]

OP, you should definitely contact the Austin Tenants Council. They can answer your questions in a phone call. It sounds like the landlord has no idea about the laws he is bound by, and he needs to be educated and return your deposit (minus legitimate deductions, if there are any).

The law is that the landlord must return your deposit within 30 days of move-out. If your check from him isn't in the mail right now, then he is breaking the law.

Also, if the landlord had a dispute with the amount, he should have returned your check. At least during eviction processes, if a landlord accepts a rent payment (even a partial amount), it is like the tenant paid rent in full and the process must start over. So there is some significance in the fact that he cashed your check, IMO.

Hopefully you don't need to go to small claims court and a strongly worded letter with back up information will get the thing resolved. But if you did go to court, I believe you would have an excellent case.

[Lashay35]

Originally Posted by STT Resident

You haven't noted what state you're in but how long does a LL in your state have to return the deposit less any itemized deductions? You can find that in your state landlord tenant laws which you'll likely find linked in the first "sticky" on this forum. You left on May 18th and it's already June 17th which in many states is already over the time allowed. If you don't get the accounting within the time allowed the LL by default has to return your entire security deposit.

Texas, I still don't have anything, he stated that I will receive a "statement of deposit" this week, certified mail

[Lashay35]

he stated I would receive a "statement of deposit" certified mail this week, nothing as of right now

[CoolerInTheShade]

I have to admit I'm a little curious about this whole "if sold" clause. I own/owned investment properties in other states, and it was my understanding in each of those locations that "if sold" clauses were not legal (though people routinely tried to put them in); the new owner has to honor the exitsing lease after sale.

Perhaps it's different in Texas....I'm interested to know. But if not, it was them that broke the contract illegally.

[Lashay35]

Nothing in my lease regarding if sold or anything like that

[STT Resident]

Originally Posted by Lashay35

Texas, I still don't have anything, he stated that I will receive a "statement of deposit" this week, certified mail

TX landlords legally must return a tenant's security deposit within 30 days of the tenant leaving. If you do not receive anything from him by the end of today he has already defaulted since your official day of leaving was May 18th (even though you left on the 17th). Read your state landlord tenant laws to see how you should proceed. You can quickly google "TX security deposits" and have the first of many links in seconds.

[Trainwreck20]

Heh, he soooo totally screwed you. Do you have all his requests/demands in writing/emails, by any chance?

Edit: Btw, it has been many years, but in one case, my rental was a 'for sale or rent' type thing, and the contract gave me 30 days (iirc) to move out if the house was sold. It never was sold in the year that I was there, so I don't recall all the details. The second place had some language about what would happen if it was sold, but I might have been on a month-to-month the whole time there.

[Lashay35]

Yes I have all the text, he would also mainly have the realtor communicate with me vs him,

[Lashay35]

That's what I told him WITHIN 30 days he said he had 30days, it also states within 30 days in my lease

[Trainwreck20]

Anyway, I guess it comes down to whether the landlord 'requested' that you move out and you agreed to it, in which case you essentially both agreed to void the contract (probably some clause in there about that being an option?) or whether he forced you out. Well, none of that applies to your deposit/prorated rent, but that should be one worried landlord willing to try to make you happy if they were the ones to breach the contract.