What to d o if my landlord has wrongfully accused me of not paying and is threatening to withhold my security deposit?

UPDATED: Aug 28, 2011

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What to d o if my landlord has wrongfully accused me of not paying and is threatening to withhold my security deposit?

My landlord claims I did not pay rent 4 months ago, but I have copies of the checks that were signed and deposited. We’ve spoken about the issue and I further sent copies of all the rent checks to my landlord who then called, yelled at me, and stated they were keeping my security. They then proceeded to hang up on me. My lease is in 3 months. Is there anything I can do?

Asked on August 28, 2011 New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you have paid all of your rent where nothing is owed, you need to write your landlord a letter containing copies of all cancelled rental checks as a safeguard for your interests keeping a copy of this letter to be sent for future need. I your letter, mention that you hope he or she does not wrongfully wihhold your security deposit in retaliation for any claims of unpaid rent owed by you.

If the landlord at the end of your lease becomes difficult with you concerning an unwillingness to promptly return your security deposit that is due, you will have established a basis for this retaliation by him or her in the event you need to obtain legal advise or go to small claims court for the return of your deposit.

Good luck.

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