Results 1 to 4 of 4

Hybrid View

  1. #1
    Join Date
    Jul 2017
    Posts
    2

    Default How to Get Your Security Deposit Back if the Landlord Misses the Deadline for Return

    My question involves landlord-tenant law in the State of: Minnesota

    Situation- given 30 day notice to move out so new couple could move in. We completely moved out on June 26th 2016. It is now July 23rd and we have not heard anything back about our deposits. Damage to the basement carpet caused them to buy new carpet for the new tenants they signed. Damage exceeded what the deposit of the 2 responsible and not myself.

    Question- what can be done to get my money back? I know it says the landlord must give deposit back within 21 of last day of residency. Is it better to take to small claims or simply ask for it all back with the threat of suing better?

  2. #2
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: How to Get Your Security Deposit Back if the Landlord Misses the Deadline for Ret

    The usual recommendation is to write what is known as a "demand" letter, demanding what you believe you are fairly owed and giving your former landlord a certain number of days to return the full security deposit. It would be helpful to include your states statutes on the security deposit return.

    If no response (or a response that is not satisfactory) then you consider filing a lawsuit for these funds.

    It is assumed that you did provide a forwarding address at move out as required, correct?

    What do you mean when you say damage exceeded what the deposit of the 2 responsible and not myself? Typically all on a lease are considered jointly responsible for damages. Did you have different leases on this rental property?

    Gail

  3. #3
    Join Date
    Jul 2017
    Posts
    2

    Default Re: How to Get Your Security Deposit Back if the Landlord Misses the Deadline for Ret

    Thank you for your helpful response.

    There were 4 of us on the lease and when I signed the lease, I made sure that I was not going to pay for any part of pet damages (as I do not have a pet). Turns out that the other 3 had dogs that urinated all over the carpet in the basement and that is what caused them to recarpet the basement. Since it was pet damages, I did not have to pay for the carpet. I had 1 hole in the wall that I took full responsibility for.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: How to Get Your Security Deposit Back if the Landlord Misses the Deadline for Ret

    Unless there is something specifically exempting you from being liable for
    the animal damages, you are equally liable for the damages. There is no "my damages" or "their damages". It's the tenants in whole damages.

    So, what in your lease would exempt you from damages the animals caused?

    if nothing, your recourse would be against the co-tenants that caused the damage.

    An associated issue;

    any idea how old the carpet was when you moved out? There is a life expectancy for carpet. The landlord cannot charge full value for replacement carpet but must reduce it by the depreciation calculated.

    1. Sponsored Links
       

Similar Threads

  1. Security Deposits: Can a Landlord Deduct from a Security Deposit After Missing Deadline for its Return
    By beau14 in forum Landlord-Tenant Law
    Replies: 4
    Last Post: 07-30-2015, 10:02 AM
  2. Security Deposits: How to Sue a Landlord for Return of a Security Deposit
    By ff7jordan23 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 11-12-2014, 08:25 AM
  3. Security Deposits: My Landlord Won't Return My Security Deposit
    By Joyp in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 09-06-2012, 09:28 PM
  4. Security Deposits: Landlord Won't Return My Security Deposit
    By mrspotter in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 09-23-2010, 03:29 PM
  5. Security Deposits: Landlord Does Not Return Security Deposit
    By VincentG in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 09-20-2009, 08:54 AM
 
 
Sponsored Links

Legal Help, Information and Resources