Security Deposit Landlord Won't Give Back Deposit

[audrey180]

My husband and I moved in with friends to a house six months ago. Four months into our month-to-month lease our friends had to move to a different state for a job. When they let the landlord know (verbally), he came over to discuss our plans for moving. We let him know we couldn't stay and that we'd be out within a month. He was fine with our plans to move mid-month (though we didn't have concrete plans at that time), and he said he'd disburse the security deposit to our roommates, who'd then give us a check.

When we had concrete plans for leaving, we gave him written notice and eventually moved. A month later our roommates moved out, having only given verbal notice. About two weeks after we had moved in to our new place, he sent me an e-mail stating that he didn't authorize us to leave mid-month and he refused to pro-rate our rent. He demanded the other half month of rent and then said he'd be keeping our security deposit because of "unpaid rent". When I saw the e-mail, I let him know that if he didn't return our deposit within fourteen days I'd be contacting an attorney.

Fourteen days have come and gone and we have no check. We called our roommates to find that the landlord had given them their security deposit back in cash the day the moved out (only their half, not ours). And damage isn't an issue, we left the house in better condition than when we found it, and he's never brought up a problem with the state of the house.

Should I just haul him to small claims?

 

[army judge]

You are free to sue anyone you want in small claims.

He's free to ignore you.

Only a judge can order him to pay you.

That's a real judge, by the way.

A small claims judge has no ability to order him (or anyone, for that matter) to pay you.

Small claims judges don't have the power to order specific performance or to issue injunctive relief.

Your best bet might be to plead and beg him to throw some loot your way.

Absent a written lease, showing the terms of your "lease" this will be very hard to litigate.

And, even if you prevail, the fun begins for you.

Then you will have to TRY and collect your judgment.

That is often impossible and unfulfilling, as well as unrewarding!!!

 

[mightymoose]

If you gave 30 days written notice before you moved then you are good. The landlord can not require you to stay longer. The 30 days begins from the day you give the written notice, not on the first of the month.
I suggest you do a little research regarding the appropriate laws in your state and write your landlord a letter informing him of his responsibility and the potential penalties for not providing your deposit on time, using the state laws as references.
If the landlord fails to respond to your kind request, then yes, you can certainly bring a claim in small claims. It is quite possible that once you serve him court papers he will cough up the dough. The question for you to ask yourself is "Is it worth it?"
If the deposit is enough money to endure the hassle of court then go for it.