What to do if the landlord is refusing to return our deposit even though they were in agreement with us moving out before the end of the month?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if the landlord is refusing to return our deposit even though they were in agreement with us moving out before the end of the month?
We rented a mobile home and the landlord worked with us on paying the deposit and rent. It was a month-to-month lease. We lived there 45 days and got permission from the landlord via text message that they would be ok with us moving out before the end of the month and the monies we paid went towards rent and the remaining deposit. We left the mobile clean and damage free. The landlord is refusing to return our deposit even though they were in agreement with us moving out before the end of the month. Do we have a leg to stand on?
Asked on December 30, 2011 under Real Estate Law, Alabama
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
One's security deposit per a presumed written agreement to rent that you have with your former landlord is to cover issues for damages upon the tenant's departure from the rental. If the unit had no damages and was clean upon your departure, the landlord is required to return the security deposit within 21 to 45 days of the move out depending upon the laws of the particular state you are in.
I would write your former landlord setting a time period for the return of your security deposit. Keep a copy of this letter for future need. If the security deposit is not returned in the demanded period of time, your option is small claims court.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.