When someone is evicted, what can the landlord legally withhold from the security deposit?
Question Details:
I have a power of attorney to assist my son with this, who is now in jail waiting for trial. He leased an apartment on 9/13 and 9/29 was arrested for probation violations. There had been a fight at his apartment and although the police report says he wasn't there, the apartment was rented in his name. A front window was broken. The landlord sent eviction based on broken lease and has kept $1200. Only $200 was security deposit. No paperwork for damage or deductions provided to me or my son. How do I find out if this is legal, and if not, go about working towards retrieving some of the money?
Real Estate Law Answers
If the landlord refuses to provide paperwork detailing the damages for the broken window, you could sue the landlord in court for improperly withholding the security deposit. Also, you need an accounting of the rest of the amount of $1200. How much was for rent due? For example, if the landlord subsequently rented your son's apartment to someone else, he cannot collect rent from both your son and the new tenant.
You can probably sue in small claims court (if the amount is $2500 or less). The landlord will have to provide proper documentation of damages and deductions for $1200. Perhaps if the landlord prefers avoiding court, he may settle with you and return some of the money.
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