Q: What rights do I have to my security deposit if I live in a three-flat owned by my landlord which they also live in?
The landlords converted a home to a three-flat. They put the security deposit in their own bank account. We had a 12-month lease and signed a renewal. We moved out 3 weeks ago. Prior to moving out, we asked if we could terminate the lease early. The landlord responded in writing that we needed to find someone to sub-lease the unit prior to moving out, or would "forfeit our security deposit." We provided them with multiple applicants, a number of whom the landlord never performed a credit check (she confirmed she never ran it in writing after assuring us and the applicant she did) or having us tell possible applicants not to bother as they had children & would be too loud. They have not advertised at all- we provided all potential tenants. We provided a couple w/ no kids & negotiated that they pay full rental price and want to sign a 1.5 yr lease with landlords (more than our 4mo left) and the landlords approved their app but now say they won't rent to them until we pay Dec. rent.
A: The answer to your question depends on specific facts that are not provided here, such as the location of the rental and the terms of the lease. That said, I would recommend organizing your lease and all other information in your possession related to this matter, and consulting with an attorney individually to discuss your options moving forward, as you may be entitled to a remedy.
A:
The fact your landlord lived in the same building doesn't matter. If they won't provide you an accounting of what the security deposit was used for and won't return it to you, you will likely have to sue them in small claims to get it back. Depending on the amount of the security deposit, this may not be worth the time and trouble.
You mention not having a receipt for the security deposit. Most leases function as a receipt, since the amount and the payment of the security deposit are included in the document.
You also mention moving out after 20 months. This is an unusual length for a lease. Is the landlord by any chance treating the security deposit as payment of rent for a month remaining due on the lease, even though you moved out?
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