landlord promised security deposit, will not deliver

[Vincinnati]

I had signed a 12 month lease for an apartment with a month's rent as security deposit, when the lease expired I never signed a new one, I was just paying month to month. After about 14 months, I had my hours cut at work and was going to be unable to pay the rent so I gave my landlord a month notice that I would be moving out but would be late with the last months rent. She said that this would be okay as long as it was paid.

After I moved out and paid the last months rent I still had an old car in the driveway that I was trying to get rid of. My landlord informed me that since the apartment was in "great shape" when I moved out she would be returning "most of the security deposit" as soon as I got rid of the car. A few days later I had it towed and called her, she said she would be sending me my security deposit either that day or the next. This was nearly a month ago. I have called and left messages multiple times and have not received a call back.

I was wondering if the fact that she told me I would be getting back most of my deposit constitutes a verbal contract and if I would be able to take her to small claims court for it? Would there be any point in doing so considering I have nothing documented? Knowiing her she doesnt either so it would be my word against her.

 

[Michael Wechsler]

I had signed a 12 month lease for an apartment with a month's rent as security deposit, when the lease expired I never signed a new one, I was just paying month to month. After about 14 months, I had my hours cut at work and was going to be unable to pay the rent so I gave my landlord a month notice that I would be moving out but would be late with the last months rent. She said that this would be okay as long as it was paid.

After I moved out and paid the last months rent I still had an old car in the driveway that I was trying to get rid of. My landlord informed me that since the apartment was in "great shape" when I moved out she would be returning "most of the security deposit" as soon as I got rid of the car. A few days later I had it towed and called her, she said she would be sending me my security deposit either that day or the next. This was nearly a month ago. I have called and left messages multiple times and have not received a call back.

I was wondering if the fact that she told me I would be getting back most of my deposit constitutes a verbal contract and if I would be able to take her to small claims court for it? Would there be any point in doing so considering I have nothing documented? Knowiing her she doesnt either so it would be my word against her.

Your landlord has no right to keep your security deposit unless justified. Your best bet is to send a letter, certified return receipt mail, and demand the return of your security deposit. If it isn't returned you can take your landlord to small claims court and she can try to justify why she didn't provide you with the deposit. Be ready for her laundry list of alleged repairs. Good luck to you.