What to do if I still haven’t gotten my security deposit back from my landlord?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if I still haven’t gotten my security deposit back from my landlord?

I got the okay to break my lease about 2 months ago for the end of the month. Last month I asked if everything was alright and if I was getting my deposit back. My landlord replied with, “Yes but I haven’t mailed it yet”. I waited and texted her again about a week later asking if she happened to have sent it out yet. She replied with, “Not yet. I have 30 days to do so”. Alright fine. Come the first of this month and I asked again, “Did you send that check out?” She says the put it in the mail a few days before. She is 20 minutes away and I stillhave not received it. I’m not sure what else to do? Can’t she get in trouble for that?

Asked on August 3, 2011 Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is against the law to keep a security deposit at the end of tenancy unless 1) there are damages, done by the tenant and/or his family, guests, etc. to be paid for; or 2) there was rent due and unpaid. If you believe the landlord has improperly kept your security deposit, you can sue her for its return andn may be able to seek additional compensation or damages, too. Note that since you broke your lease early, in the absence of an agreement to the landlord to let you do so, you would be in default of 2 months rent and the landlord could clearly keep your security deposit for it. If your agreement with the landlord--the "ok" to break the lease--was oral or verbal, not written, it may be difficult to prove if the landlord now remembers it differently than you.


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 with SHA-256 Encryption