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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.