security deposit

[bdog420]

I just recently moved out of the apartment i had lived in for a year. Half way through the lease my roomate moved and and left me stuck. I stayed paying double rent, sometimes late, but everything was paid. During the time I was there I complained about the noise from my neighbor above (who was the landlord) about this issue. The responce I got after the fifth complaint was that she had a handicapped child. I felt bad about the complaints I had made untill a couple of my neighbors and i were discussing it. We all became aware that she had three kids, and they always ran around the complex as if it were there home, of course their mother ran the place. So after that problem there was a couple times water went off for repairs without notice. They also went into my apartment without authorization for repair my fridge door handle. I had personal stuff laying out, as well as not placing the call. I got into a confrontation with the landlord at this point, thinking this was along the lines of breaking and entering. Not taking any action, and with my lease ending in a couple of months, I applied to another complex owned by the same company. Up untill 3 days before my lease ended i thought i was approved. All of a sudden, due to the confrontation, i was denied.
I founf a new place and moved out a month and a half after my lease was over. i paid the last month, but not the half. Upon moving out i had a cleaning company and a maid's service go over the whole apartment. About 28 days after moving i recieved a statement of deposit claiming i owed them a couple hundred on top of my deposit, which was $1000.
By law, am i entiltled to my whole deposit back, and is there any recourse i can take against the complex for the B&E, as well as the slandor elliminating the first place i was to move to.

 

[bdog420]

do you have any advice?

 

[Michael Wechsler]

You are entitled to get your entire deposit back provided it is not used for items that are not due to wear and tear under the lease. This is usually a difficult sticking point since frequently landlords will challenge you to get it back, which is why many tenants try not to pay the last month and have the deposit apply, and also why now it is customary for landlords to demand a 1.5 month deposit to avoid this issue.

The problems you had you cannot complain against your landlord at this point or it will look like "sour grapes" -- at least IMHO. With regard to your roomate, I don't know why you don't pursue half rent against him, especially if his name was on the lease as a cosignor. If the company chooses to go against you for the extra money, understand that your staying an extra half month might entitle them to be paid for the entire month. However, check why the landlord claims he/she is entitled to the deposit plus extra money. They have to provide you detailed information with regard to such.