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barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33182
Experience:  Attorney for over 15 years, landlord 26 years
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Can my landlord withhold my security deposit due to and

Customer Question

Can my landlord withhold my security deposit due to and unauthorized tenant. Especially when my lease ended several months ago?
My former landlord is retailing against me for winning in court a few weeks ago when he erroneously filed and eviction that was dismissed. He stated in court to me (before court started) that I would be responsible for my court fees. The judge notified the landlord that my deposit is not for court fees and my case is dismissed due to the landlord with drawing the case because my rent was paid.
The attached notices is his letter that I received via messenger tonight , stating that I am required to pay him (2) the daily rent because I did not move out at the end of the month instead i moved 7 days later. I provide him a notice notifying the landlord that I would stay due to my new was not ready to move in on the 31st due to a tenant living in the unit. I provide the notice to the office 8am August 1st. That evening I received a 7 day notice. I responded to the notice when he harassed my minor child (see attached). I spoke with the landlord on my actual move day (Saturday, August 6th @8:13am) concerning his harassment. At that time he informed me he was suing me for 5k for having an unauthorized tenant (my ex boyfriend) in my residence. ( sidebar: I am going through a breakup with my boyfriend at the time) . He berated and threatened me at me in the parking lot of the property. He also stated he will not give my deposit back. I was utterly clueless because the property manager of the property was aware of the boyfriend residing in my resident an so was the landlord due to him asking him to repair items in my unit and speaking to my boyfriend concerning rent in my unit. I expressed all of this in my complaint filed with Judge Schiff office when the landlord attempted to evict me. Also, in my compliant I listed that the landlord requested my boyfriend (who is an A/C repair tech) to install A/C in his properties. My boyfriend refused because he does not work without a permit and liability. I lived directly in front of the rental office. My boyfriend resided with me from Mid July 2015 until August 1st 2016. All parties were aware nor was i given any time of warning in regards ***** ***** residing on the property. I find this unfair and malicious of the landlord. Can he hold my deposit for this? also, i do not see that he held my deposit in a interest bearing account either. Please direct me as to where I can attain help for this .
I also have the response to the landlord eviction complaint that he was also given a copy of. My lease officially ended January 31st 2016. I am unclear on how he came up the figures for unauthorized tenant amount nor did he disclose that I would be charged (2) two times for staying in the unit.
Submitted: 2 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 2 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

Can my landlord withhold my security deposit due to and unauthorized tenant. Especially when my lease ended several months ago?


No, a security deposit can only be used for damages, late fees, cleaning costs and delinquent rent once a tenancy ends. The law is very specific about what the deposit can be used for and it definitely can't be arbitrarily kept as a penalty for an alleged lease violation.






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