Security Deposit

This is a discussion on Security Deposit within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; I live in Washington DC, and was renting w/o a lease on a month to month basis. While I was ...

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Old May 7th, 2008, 06:23 PM   #1
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Default Security Deposit

I live in Washington DC, and was renting w/o a lease on a month to month basis. While I was on vacation my landlord sent me an email saying that she needed the room before the end of the month (this was around the 15 of the month). When I came back she had removed all of my stuff from the room and put them outside in the overpass leading to the basement. I told her that she could not do this and was able to get back into the house until the end of the month. During those two weeks she constantly harrased me about when I was moving out and even removed the heating from the room. I moved out 45 days ago and she has not returned my deposit. I have tried to reach her by email and phone but she is not responding. What are my options against her?
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Old May 8th, 2008, 12:53 PM   #2
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Default Re: Security Deposit

In DC, a LL is required to give 30 days notice to a month to month tenant (no lease) to vacate. She failed to give this notice and you could have just refused to vacate until the end of the 30 days. The point is moot since you are already gone though. Were you living there for the period when you had no heat? You could have called the building inspector about a lack of proper heat at the time.

In DC, a LL is allowed 45 days to itemize and return the deposit to you. It likely is in the mail now. (Some states only require that it be mailed within the time period, not received.) If it does not arrive within the next few days, mail a demand letter for the deposit to your LL and make sure to give your forwarding address. (Lack of a forwarding address relieves LLs from returning deposits in some states.) Also ask for a complete itemization of any deduction she has made from your deposit. Send the demand letter by certified mail, return receipt requested, and keep a copy. If she still fails to respond, you may have to take her to small claims court. Good luck.
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