Q: Can my property management company keep my security deposit?
I have 1,200 deposit on my apartment 3 years ago, never late on my rent. I bought a home in another State. I provided a 60 day notice to vacate found a qualified applicant who made her own deposit and is moving into my unit right away,no loss in funds for the management company. I painted my unit, shampoo the carpets even replaced blinds as the apartment complex said their not responsible for that I am. However I've complied with their requirements however they now state my deposit stays with the unit indefinitely? The tenant I found is obly renting the unit for the remainder of my lease January 1,17 to March 31st,17. Where does,my $1,200 go? I would like representation to obtain my deposit
A: From your facts, it sounds like you have a solid case. Since the sum is small by legal standards, you qualify for small claims court. Small claims court has simplified court procedures and is intentionally directed towards non-lawyers. Lawyers can also represent parties in small claims court, but realistically the legal frees will significantly eat up your security deposit. In the alternative, you can hire a lawyer to draft, advise, but not represent you in court (this lowers legal costs). It is your decision and I recommend that you contact a few lawyers to see what they will charge you. Payment aside, it is unreasonable (and illegal) for a landlord to indefinitely hold a security deposit.
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