Sunday, December 4, 2011

Is it possible to get my entire security deposit back in CT when the landlord never did a walk through?

I had been living in the same house for almost 4 years. I was trying to renew my lease with the hopes of buying the house in about a year. We did not sign the lease since her property managers never gave her the changes that needed to be made to the lease while waiting for the changes that I thought was being made, I was laid off, she found out and said she would put me month-to-month. In addition to my normal rent, I was forced to pay $150 per month from April to October to take care of the yard (aka mow the lawn) even though we have two strips of grass that is not more than 20 feet of lawn. So I complained to my landlord about how her property managers were not mowing the lawn for the 18 months that I paid the fee except for 5 times. I had to get someone else to mow the lawn etc. Well, instead of addressing the issues, she sends me an email terminating our month to month lease with 15 days notice. In addition, I had paid last month's rent so after asking for the money back so I can get a new place to live in the very short amount of time, she let us stay for the last month since I paid for it. Now, we have moved out and waiting for the security deposit. She has 30 days to get it back to me. I know there was wear and tear because I have three little kids that includes a child under 2 years old. We never did a walk through when we moved in, and moved out. We had been harassed by the property managers to top things off the property managers moved into the house. I am wondering anyone from CT can tell me what do they my chances are for getting back my entire security deposit without doing the walk in and walk out. Also, when we moved in the house was not painted and cleaned. I paid for a professional cleaning on the way out. Any thoughts would be great.|||That's a lot of irrelevant information, but thanks for the story.





A walk through with the tenant is ideal, but it is not required. That way you have a chance to fix things and can speak to issues you think are invalid. Regardless of that, your landlord is required to provide written notice of damages within 30 days. Since you have not received that you may be able to sue for twice your deposit amount. See the link below for information.





From the link below:





"When Do Landlords Have To Return Security Deposits?





Landlords must return security deposits with interest or give tenants written notice of damages being claimed within thirty days of when tenants move. The only exception is if a tenant fails to provide a written forwarding address: landlords then need not return security deposits or provide a notice of damages until fifteen days after receipt of a forwarding address in writing.





If a landlord does not return a security deposit with interest or provide a written notice of damages within these statutory time limits, the landlord may have to pay the tenant twice the amount of the security deposit. Tenants may pursue this remedy in court. For further information, see the section on options for resolving disputes.





A landlord's written notice of damages must itemize the nature and amount of tenant damages, including any unpaid rent or utility payments, and must be accompanied by the balance, if any, of the tenant's security deposit not being claimed for damages plus interest.


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