My landlord (who is also a realtor) has not returned my deposit. What should I do?

Posted by admin on February 7th, 2010 and filed under today realty | 10 Comments »

I have filed a claim with the Better Business Bureau, but she has closed her realty company. She now works for Century 21. My father ran into her two weeks ago and she told him that she was sending the deposit to me (I moved out of state). My fiance called her today and she told him that she was not giving us our deposit because of how we acted before we left. Back story– Our lease ended on April 14th. She asked us if we would pay a full months rent ($800.00), and then when she sent us our deposit she would also send the prorated rent amount (so she would send us a total of $1200.00). This sounded stranged to me so I told her that I would only pay the prorated amount ($400.00) per our lease agreement. The lease states that she must return my deposit within 30 days. It has been 40. I have pictures of the place before we moved in and after we moved out. We paid our rent on time every month.

A landlord cannot keep your deposit because they did not like you or your attitude. It sounds like you will have to take her to court to get your money back. You may want to check out this link in which you can ask laywers for answers to legal questions online. It is free to ask questions.

10 Responses

  1. Fawntel R Says:

    Sounds like you have done everything correct so far. I would consider filing a case against her in small claims court. In some states, if you do not recieve your deposit in a timely manner, you may be awarded double. Good luck!
    References :

  2. ted.stryker Says:

    Key her car or pop all 4 of her tires…whatever you do, cause more damage than your security deposit.
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  3. osierremac Says:

    Get you a lawyer and sue or go to small claims court
    References :

  4. financing_loans Says:

    I wouldnt bother with the BBB. I would go directly to the mouth that feeds her. Call the division of Real Estate in your state. Many states require a bond. Although this might not have anything to do with her license she has to sign a moral code.

    I would make complaints with them, and her current broker. I would be calling century 21’s broker as well.
    References :
    +30 years mortgage real estate exp

  5. PLD Says:

    A landlord cannot keep your deposit because they did not like you or your attitude. It sounds like you will have to take her to court to get your money back. You may want to check out this link in which you can ask laywers for answers to legal questions online. It is free to ask questions.
    References :

  6. uthomelist Says:

    Tell her you’ll take her to small claims court. Show send her a copy of the photos and a copy of the contract and anything else you have that would be go evidence in court.
    It sounds like her Real Estate is not going well and she may have used your deposit to pay bills.
    Good Luck
    http://www.uthomelist.com
    References :
    http://www.uthomelist.com

  7. IMCurious Says:

    I would file a complaint with the state where she works! The state is the one who issued her license.

    Good Luck!
    References :

  8. fxtrader624 Says:

    Each state has different rules.The best thing would be to call her and work it out with her.find out if she has a claim against something that she felt was damaged.then if no positive response call the housing authority in your area and find out what your rights are.It may also be listed on your lease
    good luck
    References :
    fxtrader624

  9. dolly Says:

    I would consider going to court.
    References :

  10. arthur Says:

    Go to the real estate commission in your state. They will not only make it right, but most likely take away her license.

    When holding deposit or trust funds, it must be done carefully. If she did not release the money as the contract stated or as your state requires by their license law then she could be heavily sanctioned or worse lose her license. If it is deemed that money being held will not be released by the holder, the holder must follow the protocol and provide the legal reason why you are not getting the money back required by your state. She has done nothing.

    I say call her and hold her feet to the fire. Tell her you are calling the real estate commission and filing a formal complaint if she doesn’t release the money. If she doesn’t respond to that call, file a complaint. It may take a little time, but it will get taken care of.
    References :

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