I moved out of my apartment after 3 years in end Jan 2008, the landlord return part of my deposit but kept $800 (original $1600 discounted to $800). The claim is that i did not give full access to the apartment in the last 6 weeks of my lease.
I was out of the country for part of the 6 weeks, but i called to give 2 months notice to say i would be away for an extended time and would not be renewing my lease. The contract says i should allow 6 weeks access, do i have to allow this long. Also whilst i was away the landlord was provided with a full set of keys which i gave him at the beginning of the lease in-case he need access. Does he have a right to hold back part of my deposit?
In addition after 3 years the landlord claims that interest rate over the past 3 years have been less than 1% therefore there is no interest on my deposit. As i never received any notification that it was placed in a bank account i don't believe him. What are my rights?|||Not really sure about the "access issue", but it sounds like you allowed access. What's his big beef? Ask him to be more specific.
But in regards the interest on the deposit, that again is one of those...'it varies by state' things, but I can tell you that here (Ohio), interest is only payable if the deposit held is more than 1 month's base rent, and even then, interest is only payable on the amount held over and above the rent base. (i.e. if your monthly rent is $650.00, and you paid a $1000.00 deposit, interest is only payable on the amount of $350.00). And on top of that, it is only payable after being held for 6 mos. As for the 1%, that may or may not be true. Interest rates are pitiful, and have been for some time.|||In most states the LL only needs to give you 24 hours notice to show your place. If you are out of the country at the time, tough. As far as the deposit goes, I would ask for bank statements. States differ on whether S.D. need to be held in a separate account or not.|||you gave access. Wait to get your 1/2 refund and then sue for the
rest.
He will then owe you 3x the non paid part.|||No they can't keep your deposit for that reason. They only need to provide 24 hr notice that they will be entering the home whether you are there or not. If they were dumb enough to not utilize the fact that you were out of the country is their problem not yours.
Send them a letter demanding the rest of the deposit or you will pursue legal action against them.
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