How do I get my security deposit back

I am a recent college graduate who moved out of an apartment. My landlord is
charging me for days I wasn’t living in said apartment, by withholding my
security deposit of 250. I have proof that I was out of the house because I hired
movers and signed a lease with another apartment complex.
I have spoken to his supervisor and she has recently started ignoring my calls.
They recently sent me a check for 73 dollars because when I last spoke with my
land lord he said he ‘would meet me in the middle’ and only charge me for a few
days but I don’t think its fair I am being charged since I called I gave them
notice. How can I get my money back?

Asked on April 26, 2016 under Real Estate Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

How long you were actually living there is not actually the issue. If you had a lease for a set term (e.g, one year) your landlord may charge you for rent for that entire time. If you had an oral lease (no written lease) or a written month to month lease, you have to give 30 days notice, and if you moved out on less than that, the landlord may charge you for the remainder of the 30 days. But if you provided enough notice or paid for the full lease term, your landlord should then be able to only charge you for damage you did. If you feel that the landlord withheld money he cannot, you could aue him for the money you feel should have been returned to you, such as in small claims court, on a "pro se" (as your own attorney) basis.


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