Q: If a landlord breaks a lease contract, how long can he hold a tenant's deposit & first month rent?
My wife & I have a landlord what he asked for (deposit, labor, & first month rent), but we never was able to move in due to the defects of the apartment (leaking roof, no shower head, & leaking sinks).
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A:
If a landlord breaks a lease agreement, you typically have the right to get back any deposit and rent payments you've already made. The exact time frame for returning your deposit and first month's rent varies by state, but it's generally within 14 to 30 days after the lease is terminated or you notify the landlord that you won't be moving in. Since you weren't able to move in due to the apartment's defects, you are entitled to a full refund of all payments made.
You should send a written request to the landlord demanding the return of your deposit and first month's rent. Make sure to keep copies of all communications and receipts as evidence. If the landlord does not respond or refuses to return the money, you may consider taking legal action, such as filing a claim in small claims court.
It's important to review the terms of your lease and check your state's specific laws regarding landlord and tenant rights. Some states have strict penalties for landlords who unlawfully withhold deposits. Understanding your legal rights can help you resolve this issue and ensure you receive the money you are owed.
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