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Updated over 6 years ago on . Most recent reply

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Landlord not returning security deposit!

Amandeep Sawhney
Posted

Hi.. Please guide me.
My landlord is this old couple so all their dealings are done by their daughter who is a very difficult woman. We vacated our apt as per lease ending on 31-Aug.. I went with my realtor on 1-Sep to the house to get something i had forgotten there. The old lady let us in. The daughters husband is a contractor and was already working in the house. She told me she has 30 days to return deposit so i didnt diturb her. on the 31st day when i asked her, she said shes waiting for some quotations for repairs. So i sent her a demand letter and on 9th oct i filed a small claims case. 1 day later i got a check with $1800 deducted from the deposited and a long letter full of lies saying why shes deducted. Im really confused as to what to do? We left the house really well and have a video of that too. She had also given us a reference letter just a month before leaving and we have our previous landorlds reference letter too stating we take great care of the house. Should i encash the balance amount shes sent me? Please guide me

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2,834
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Anthony Wick
  • Rental Property Investor
  • Ankeny, IA
3,901
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2,834
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Anthony Wick
  • Rental Property Investor
  • Ankeny, IA
Replied

Definitely keep your small claims court date. Send a certified letter to landlord quoting the state law and time frame, and offer to accept "only" your full damage deposit in exchange for dropping the court date. Demand payment before the court date, or change the amount you sue for to whatever state law allows (triple the amount?). It no longer matters what damage was to the property, as they violated state law by not either returning your deposit, or sending you a written notice as to why they are charging some of your deposit. Do not speak to them in person. Everything in writing. 

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