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Roger, Attorney
Category: Business Law
Satisfied Customers: 30895
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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my landlord has the right to keep my deposit

Resolved Question:

I had a franchise we sold it we talked to the landlord they said We have to pay the rent that we owed we did to have our deposit back and now the landlord doesnt want to give us the deposit because he said he put money on marketing and some other miscellaneous spends not related to the property just personal thing and he dont want to give us the deposit and he let us go because everything was perfect on the property, the rent was paid Why he want to keep my deposit we sold the business 0n April 24 2008.
Submitted: 8 years ago.
Category: Business Law
Expert:  Roger replied 8 years ago.

A deposit is a payment required by a landlord from a tenant to cover the expenses of any repairs of damages to the premises greater than normal "wear and tear."

The security deposit must be returned within a short time (varying by states) after the tenant vacates, less the cost of repairing any unusual damage. Unfortunately for tenants, these damages are usually subject to the judgment of the landlord, who may desire to paint and refinish on the tenant's money, which results in many small claims suits. In a few states the security deposit must be kept in a separate bank account, and some states require payment of interest on the amount held as a deposit.

A security deposit is sometimes confused with a deposit of the "last month's rent," which may be credited to the tenant for the final month's rent. A security deposit cannot be used legally as a rent credit.

The landlord has no right to keep your deposit if there are no repairs to be made. You just need to sue him in small claims court (sue in the county where the rental space is located) to recover your money.

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Expert:  Roger replied 8 years ago.
Let me know if you have any additional questions. If not, please accept this answer so I may be paid for my time. Thanks.
Customer: replied 8 years ago.
Reply to Adam Kirk's Post: He can keep my secuity deposit even he is saying we owe money to him because he did some marqueting for us, he paid to one of my employee but I think that doesnt have nothing to do with the secuity deposit on the lease right?
Expert:  Roger replied 8 years ago.

You're right that this is a totally separate issue. His marketing for you has nothing to do with your rent or owing him money on the other matter.

You need to sue him as soon as possible to get your money back.

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