What are my rights if my landlord has kept my entire security deposit?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What are my rights if my landlord has kept my entire security deposit?

I paid the full amount of rent for a 12 month lease and then my landlord moved back in. My landlord told me that he would not be returning my security deposit because the damage I had caused to a carpet took up the full amount of my deposit. He told me in an email that because of this I had forfeited my security deposit and would not be getting any of it back. I called Home Depot and they confirmed that the total cost of a new carpet plus installation that my landlord had purchased from them was $400. That leaves me with $900 left that should have been returned to me. Because my landlord lied about the extra money and tried to keep it for himself, is that embezzlement? Can I press charges?

Asked on November 5, 2015 under Real Estate Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, it is not "embezzlement" and it is not something you can press charges over. It *is* something you can sue the landlord over, and  if you can show in the lawsuit that he overcharged you for any damage and that you did not owe any rent balance, he'd have to pay back the excess balance of the security deposit--the $900. For $900, suing in small claims court, acting as your own attorney ("pro se") is an excellent option.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption