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Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 46
Experience:  Landlord-Tenant Law Expert
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Landlord failed to return my security deposit and in a

Customer Question

Landlord failed to return my security deposit and in a letter claims he will keep it as rent for my former apt., citing since I only gave him 8 days notice, he hasn't got enough time to search for a new tenant. I have at least $900, since I have been there 5 years before leaving for a low income HUD apt. in Hudson (my rent will be only $453 vs. $925 . That is his real gripe.) I really need that security deposit to live on, since on social security.)
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: I
JA: Has anything been filed or reported?
Customer: Not yet. He has up to a month to return it, as you know. I just left Sept.1. I expect to file small claims by end of Sept. coming up.
JA: Anything else you want the lawyer to know before I connect you?
Customer: He claims that if he secures a tenant before end of Sept., then he will return the security deposit, but I highly doubt it, as he also does, since he believes it will be more like October before he secures a new tenant.
JA: When we are ready I'll take you to the appropriate web page.
Customer: this older apartment I once lived in for 5 years is nearby, so I may be able to check around it and try to determine if he has already signed on a new tenant. This is a bummer. I was hoping to just move into this great apt. and use the security deposit to settle in to it.
Submitted: 1 month ago.
Category: Landlord-Tenant
Expert:  Lucy, Esq. replied 1 month ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Were you on a month to month tenancy, or did you have a lease for a set term?

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