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Ask Michael Lykken, Esq Your Own Question
Michael Lykken, Esq
Michael Lykken, Esq,
Category: Landlord-Tenant
Satisfied Customers: 85
Experience:  Partner at Soares & Lykken, Attorneys at Law
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As a commercial tenant I vacated my lease under the

Customer Question

As a commercial tenant I vacated my lease under the provisions of the lease. Is the landlord required to return my security deposit? If so what time limits are required and what penalties can be enforced?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Michael Lykken, Esq replied 1 year ago.

Hello, My name is ***** ***** I would be happy to help you with this. The first question, thought is which state you are in? Secondly, if you have already had a court case dealing with this, did the Judge make any ruling about the security deposit? If the judge terminated the lease, then in a general sense you should be entitled to a return of your deposit. Especially if the premises flooded.

Customer: replied 1 year ago.

I am in nebraska. I spent extra money with an attorney after the case concluded he made requests also to have the deposit returned. She refused.

Please note that I had two separate leases on two separate spaces from the same landlord. THe one that was court ordered to end the lease was ended first 2 months before the second. I left both locations in immaculate condition even cleaning the mud and water from the flooded location.

In the court room she threatened to not renew my lease on the second space also. That lease was set to term in feb of this year.

So i hope to goto small claims and request return of deposit on space one plus the cost of legal fees concerning the request for deposit.

Is this feasible?

Expert:  Michael Lykken, Esq replied 1 year ago.

I really can't advise you in this because I am barred in California and not licensed to practice law in Nebraska. Given that, in general security deposits are just meant to cover any damage to the premises caused by the lessee beyond normal wear and tear. If both premises were in the same condition as you received them, at least in California it would be difficult for a landlord to refuse to return the security deposit to you. I'll opt out of this question so that a Nebraska attorney can answer you. Good luck!