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Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 46
Experience:  Landlord-Tenant Law Expert
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Me and my girlfriend moved in an apartment the landlord said

Customer Question

Me and my girlfriend moved in an apartment the landlord said we did not have to sign a lease at all. We gave him 650 for the security deposit. Me and my gf ended up breaking up and she moved out. I moved a friend in with the landlords permission and still never signed a lease. A couple weeks later i moved out as well and the landlord let me friend stay and had him sign a lease. I put a couple holes in the wall while there but i fixed them myself and painted over them and you can't even tell anything was there. The landlord now refuses to give us our 650 back because "we screwed him" because both me and my girlfriend moved out but he still has a tentant living there and we paid him for rent. Since we did not sign a lease at all or break any lease terms since there isn't a lease would this hold up in court at all? What are my chances of getting my money back?
Submitted: 5 months ago.
Category: Landlord-Tenant
Expert:  Alex J. Esq. replied 5 months ago.

Hello. My name is Alex.
Thank you for your question.
I will be happy to provide you with information you are seeking for educational purposes only.

Did the landlord lose any rent as the result of you moving out earlier?

Customer: replied 5 months ago.
No he did not
Customer: replied 5 months ago.
We do not have a receipt saying we gave him the 650 either but i do have text proving that we did give him a security deposit
Expert:  Alex J. Esq. replied 5 months ago.

Thank you for your follow up.

Did you give cash to this landlord for the security deposit?

Is the landlord denying the fact that he received any type of security deposit from you?

Is the landlord claiming damages to the rental unit?

Please provide me with more details.


Customer: replied 5 months ago.
We gave him 650 cash he is not denying that we gave it to him. His response for not giving us the 650 is this. "I don't think my partner will go for that. He had a good tenant goin in there and I over rided him with you and her. So he was Def pissed about that. Also she had the thermostat set on 90 so idk what's gonna happen when winter gets here. If you feel you should be entitled to the security deposit the magistrate is right up the street". There was damage to the place there were holes in the wall but I fixed the holes and painted over them so you can't tell that anything happened
Expert:  Alex J. Esq. replied 5 months ago.

Thank you for your follow up.

Did landlord bring up any claims of damages for which the security deposit would be withheld?

Did the replacement tenant move in upon you moving out and also signed a lease for the same amount of monthly rent that you have verbally agreed and been paying to the landlord?

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