Q: What can i do?
I rented a house over 4 years was evicted last Dec. paid first last month rent and sec deposit. recently found out I'm supposed to have my deposit returned within 31 days but I never received it or an accounting for it. I've spoke with them after this time and they never mentioned it. prior to moving out the month before I woke up to a fire that I had to rush to put out for the safety of my family. Having smoke alarms and carbon monoxide detectors would have came in handy but unfortunately since the day I had moved in the landlord said he would bring them by because he ordered them. I lived there over 4 years and he never brought them and I had asked for them repeatedly and even when be did a home inspection bout 6 months before I moved out. I was burned on my arm when I rushed to put it out and had to get my son out of the way and he was burned a little on his forehead and his cheek. I just recently found out about landlord tenant rights so I'm jus wondering if anything i can
A:
You may or may not have claims regarding the fire and you and your son's injuries. That would need to be reviewed and evaluated by an attorney.
As for the security deposit and/or any last month's rent refund you might be due, the landlord had an absolute duty to either refund them in full or provide you a written accounting for why and how much he was keeping within 31 days of your restoring possession to him. His duty, however, was to send that refund/accounting to his last known address for you. So if you did not give him a new forwarding address, or put a forwarding order in with the post office, then he should have simply sent it to the old rental address where, of course, if you were no longer there, it would sit until someone disposed of it.
So if you think you likely have a case, or want to know about the possibility of a claim regarding the fire, simply make an appointment and review everything with a local landlord-tenant attorney. If they believe you have a viable claim regarding the accounting/refund, they might take the case on a contingency meaning you would not owe them anything for their time beyond the initial evaluation interview. Rather they would rely upon collecting their fees from the landlord upon prevailing. If you can prove they did not timely comply with the accounting/refund requirements, you are entitled to recover twice the amount they failed to properly account for or refund, plus your court costs and attorney's fees. Do note, however, they can still deduct legitimate damage charges that you are responsible for, if any. Good luck.
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