What to do if the landlord is refusing to return our deposit even though they were in agreement with us moving out before the end of the month?

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What to do if the landlord is refusing to return our deposit even though they were in agreement with us moving out before the end of the month?

We rented a mobile home and the landlord worked with us on paying the deposit and rent. It was a month-to-month lease. We lived there 45 days and got permission from the landlord via text message that they would be ok with us moving out before the end of the month and the monies we paid went towards rent and the remaining deposit. We left the mobile clean and damage free. The landlord is refusing to return our deposit even though they were in agreement with us moving out before the end of the month. Do we have a leg to stand on?

Asked on December 30, 2011 under Real Estate Law, Alabama

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

One's security deposit per a presumed written agreement to rent that you have with your former landlord is to cover issues for damages upon the tenant's departure from the rental. If the unit had no damages and was clean upon your departure, the landlord is required to return the security deposit within 21 to 45 days of the move out depending upon the laws of the particular state you are in.

I would write your former landlord setting a time period for the return of your security deposit. Keep a copy of this letter for future need. If the security deposit is not returned in the demanded period of time, your option is small claims court.

 


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