This is for the sate of CT. On 3/7 I put a check deposit of 1450 on an apartment that I was to take occupancy on 4/7. However, on 4/6 the lanlord terminated my lease and does not want to give me my deposit back. Am I entitled to have it back?

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This is for the sate of CT. On 3/7 I put a check deposit of 1450 on an apartment that I was to take occupancy on 4/7. However, on 4/6 the lanlord terminated my lease and does not want to give me my deposit back. Am I entitled to have it back?

On 3/7 I put a check deposit of 1450 on an apartment that I was to take occupancy on 4/7. It was payable to Century 21 which was cashed already. However, on 4/6 the lanlord terminated my lease and now does not want to give me my deposit back. Am I entitled to have it back? What steps do I need to take?

Asked on April 9, 2018 under Real Estate Law, Connecticut

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You sue the landlord. The landlord could keep the deposit if *you* terminated the lease or tenancy; however, the landlord cannot terminate your lease or refuse to rent to you while keeping your deposit (unless you did something providing good grounds to terminate your tenancy, like lying on your rental application, threatening the landlord, damaging his property, etc.). For the amount of money you describe as being involved, suing in small claims court, as your own attorney ("pro se") is the fastest, most cost-effective option. Your suit is based on "breach of contract": the landlord violating its obligation to rent to you.
It is the landlord you sue and whcih is liable for your deposit, not the realtor; the realtor has no involvement in this.


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