Sunday, December 4, 2011

Will I get my security deposit back?

I had been renting with an apartment complex (part of a huge company with multiple complexes in the Philly area) for the past 3 years with no problem. My lease was set to end this year on Aug 31st. When I got my lease renewal in May I knew I was looking for jobs at the time and would need to go on a month to month after Aug 31st. I was definitely not renewing for another year because there was a good chance that I would need to move closer to my new job. So on the deadline to renew (June 15th) I personally hand delivered a letter to the leasing manager that I was ending my lease as of Aug 31st and needed to go on a month to month thereafter. I said in the letter that I would give 30 days notice to end the month to month lease and the leasing manager read it and commented that it should say 60 days notice. I said fine, and wrote up a new letter, dropped it off in her office and also faxed a letter to the main office which said that they got it when I called.





By the end of July I had a new job and was looking for new apartments closer to my new job. I found a new apartment but I would need to move out on August 27th. I faxed a letter to the main office and also dropped off a copy at the leasing manager's office stating that I would be ending my month to month tenancy (both acknowledged the letters). As per the 60 day notice, I would be responsible for rent through the end of my original lease (Aug 31st) and also through the month to month 60-day notice (through Oct 31st) which I stated in my letter at the end of July. I talked with the leasing manager about leaving early and she said that she had someone interested in my apartment and it turned out that she was able to get the apartment rerented by Sept 9th (two weeks after I moved out). After I moved out, I mailed my keys and forwarding address using Signature confirmation and my leasing manager acknowledged that she received them by Sept 2nd.





It's now Oct 11th and I haven't gotten any correspondence from the leasing manager or main office about my security deposit or a partial refund of the rent that I paid in advance for September (the unit was rerented by Sept 9th) nor have I gotten a letter stating if any damages would be taken out of my deposit. I've tried calling/leaving voicemails and emailing the main office several times over the past week and no one has returned my calls.





My question is: Will I get my security deposit back (and a partial refund of rent)?|||In my state, the law says that landlords have to provide you with written documentation of all damages and how much they will be (if any) deducting from your security deposit. If they don't provide you with a list and the balance of your deposit within that 30 days, you can file a complaint in small claims court for triple the amount.





Contact the landlord and ask for an itemized list and a refund. If they don't respond, call an attorney, usually the consultation is free and you can file the claim yourself.|||Nobody here can know what the apartment is going to do. Most states have laws stating the amount of time the landlord has to send you an itemized list of deductions and/or your deposit back. Do a search and see what that is because you could be beyond that time period meaning no matter what the circumstances you will get it back.





Nothing in what you stated would indicate any reason why they would automatically keep it.

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