Security Deposit Withheld deposit --- no lease or written contract

[pcking]

I had bedbug problems at this place that my landlord hasn't done anything about for past two weeks. So I decided to move out. Now I told him I am moving out on 31st so I'd much appreciate my security deposit back by then. It is 15 day notice. And there was no lease or any written contract to facilitate this.

He replied saying that security deposit was actually last month's rent so I have to stay another month (using that money I paid him when moving in) or I lose it all. He says it wasn't a security deposit and he doesn't have to give it back. After much argument, he said he'd give me back $250 [half] only.

What are my choices? There was no contract/lease but I do have text messages and back transfer statements to prove what I just wrote. Most of our conversations were through text messages and I paid him through bank always before it was due.

Actually, I went back to my text message conversations with him and we used the word "deposit". Last moth's rent wasn't mentioned at all.

 

[army judge]

If you are dissatisfied with his offer, you'll have to take him to small claims court.
No one but a judge can render s judgment saying he owes you "X" dollars.
But, that won't get you your money.
It'll only get you a piece of paper saying he owes you money.
You then must try to levy against his assets in an often futile attempt to satisfy your judgment.
The amount in question to you may seem worth it to go after him, but most people find the process frustrating, expensive, and unrewarding.
If I were you, I'd cut my losses and let it go.
But, if you persist, I suggest you Google "small claims your county and state".
You'll eventually locate the website of the court in which you are required to sue.
The website should describe the specific steps required for your county and state.
Get prepared to shell out more money to bring the lawsuit, adding more more initial out if pocket costs, as you pursue the $250 you think he owes you.
Finally, the process is often slow, and fraught with pitfalls that can make you end up starting over, until you do EXACTLY as directed.

 

[Gail_in_Georgia]

What state do you reside in? What makes you believe your landlord has to provide you with a security deposit the day you move out of the rental unit?

Gail