Is there anything I can do?

Question

I recently moved out of my apartment. I asked them a month a head of time that I will be moving out and to find out all necessary proceedures to end my lease. They told me everything except that I needed to submit a written letter. Since I didn't submit the letter, even after several times of going into the office and asking them, they are with holding my deposit and charging me 1 months rent as a penalty. It was written in our lease agreement but they just so happened to forget to mention it. They said that if we don't payup they will send it to the collection agency. Am I screwed?

Lynn Z · Answer

We take verbals when tenants give notice.  The new address must be given to the landlord and usually that is done by email or letter.  Otherwise the landlord has the duty to write the accounting of the security deposit and send it to the last known address which would be your apartment.  Failure to send you an accounting of withholding your security deposit results in treble damages if not done within 30 days in our state.

Check your landlord tenant act in your state which is usually on line.  Call your local magistrate's office for information as well.   You are obligated for fulfilling the terms of your lease but the landlord must state if your security deposit was used - in writing.

I just sent two letters to tenants with invoices attached return receipt requested.

Jon Holdman · Answer

If it was in your lease, then you're obligated to pay.  It would have been nice of them to remind you of your obligations under the terms of the lease, but they had no obligation to do this.  You, on the other hand, had an obligation to give them written notice.

However, I'm not so sure they can withhold your deposit as a penalty.  Charge you a month's rent, assuming the lease requires a month's written notice, OK.  But, the deposit is to cover any damages.  In most places, the landlord must provide a written accounting of why they are withholding your deposit.  Failure to provide this, or withholding for incorrect reasons can result in triple damages, at least in some locations.  Find and contact your local tenant dispute advocates.

Jon