Delayed deposit return/pet deposit
This is a discussion on Delayed deposit return/pet deposit within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; I vacated my apartment 3 months prior to the lease terminating, but continued to pay the rent until the lease ...
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#1 |
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Junior Member
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Join Date: Sep 2011
Posts: 1
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I vacated my apartment 3 months prior to the lease terminating, but continued to pay the rent until the lease was done; I was never late on any payment. It has now been 45 days since the lease expired, and I've been told no less than 4 times over the past 30 days that my deposit was going to be mailed the next day, or later that week, etc. My call today (routine at this point) resulted in me finding out that the person who handles that is out of town for the weekend, but I can call back Monday for more information. Needless to say, it is getting annoying.
With the background, I now have a few questions: 1. The legal limit is 30 days to return the deposit, but is there some 'other' reasonable limit I should wait? 2. In addition to my security deposit, I paid a $500 pet deposit (the word deposit is used in the lease). According to what I've read, it appears as though if the word deposit is used, I am entitled to get that back. The supplementary rules to the lease say that I am only entitled to half of the deposit back no matter what. Since they didn't call it a pet fee, is the law on my side here? 3. After I moved out, I turned off most of the appliances so that my electric bill would be super low during the three months I wasn't going to live there. During the first month, my bill was $30+, but during the second month, it was over $90. I know they did renovations after I moved out, but should I really have to foot the bill for the construction workers' air conditioning? Thanks for reading and I appreciate any advice. For the record, the laws I was researching were for Louisiana, where I currently live and where the apartment is. Specifically (if it matters), it was in Baton Rouge. |
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#2 |
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Top Level Member
Join Date: Dec 2009
Posts: 12,557
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I wish to inform you that you may send your demand letter and if your security deposit is not returned then you may file a suit and claim the amount due. As time limit for payment of security has passed thus necessary action may be taken by you in this regard. Further your pet deposit should also be returned to you. As regards amount of utility bill it cannot be charged to you as the amount is because of renovation of house. Renovations were undertaken by your landlord thus utility bill of renovation should also be undertaken by landlord.
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#3 |
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Top Level Member
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Join Date: Apr 2011
Location: Florida
Posts: 6,742
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In Louisiana, the landlord must return the deposit and any accounting for anything withheld within 30 days. You are correct. The remedy if they fail to do so is to file suit in small claims where you can also be awarded damages for the landlord's failure to return up to $200 plus attorneys fees.
As to the utility bill overage for the time it was vacant, with your records of past bills you can show the landlord increased utility usage and is liable to pay those excessive bills. You can bring them in the same suit. Ditto for the pet deposit wrongfully withheld. |
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