Re: When exactly are deposits legally supposed to be returned to tenant
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Quoting
axy
It just doesn't make any sense that I would not be awarded all of these additional costs that are 100% their fault. Say my deposit were less money and suing them to collect would make me break even. In that case I wouldn't even bother trying to collect. That would mean there's a loophole that landlords can exploit to steal a tenant's deposit. I don't think a court would act so unfairly.
I'm glad you got your money back.
Your above comments reminded me of a conversation I had with one of my tenants some years back. He moved out to move back to Ireland, and was in a hurry to get his security back. In my case, I'm not normally critical of my tenants in the way they leave me the apartments, because we clean and paint anyway, with the painters plastering over holes as part of the job, so I'm not really out any more money. I gave him back the full deposit right after the move out inspection.
So he got to telling me a story of another countrymen of his, who left the apartment in even worse shape, and when the landlord threatened to withhhold the security, he countered threatened the LL that he'll sue for the deposit, and also his trip all the way back from Ireland. Wow, a free vacation!!
Anyway, the LL not knowing any better caved, thought that was the law, and refunded the full amount. Well, that's not the way the law really works, but it looks like the way YOU thought the law should work. If true, obviously a loophole for the tenant. But what a big loophole where a LL would get screwed everytime the tenant ever moves far away.
What JK indicated is the way the law currently works, which makes more sense to me.