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Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 28524
Experience:  Attorney with 30 years of experience representing landlords and tenants.
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Security deposit return. We lived in an apartment for three

Customer Question

Security deposit return. We lived in an apartment for three years. Upon moving out the management company did a "pre move out inspection" and did not say there were problems. This was done 7 days before our move out date. I requested a final walk through one day prior to our move out date. No problems were indicated, in fact was told our apartment was very clean. We only received $1.59 of our $300 security deposit back. They claimed there were cracks in the door of the microwave and the doorstop on one of the doors created a hole in the door. First, the microwave was not the microwave we had when we first moved in, it was a replacement as the first had a malfunction in the touchpad and second, the doorstop had been installed backwards. Should I appeal?
Submitted: 19 days ago.
Category: Landlord-Tenant
Expert:  Loren replied 19 days ago.

Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.

Before filing in small claims court present a written demand to the landlord, disputing the deductions and demanding the return. It would not surprise me if you were and the landlord were able to negotiate a settlement without the need for lawsuit.

Then, if the landlord declines to refund the withheld deposit amounts or otherwise negotiate, you can file your claim in small claims court for the return of the deposit and your court costs. Small claims court is designed to be "user friendly" so that you can present a claim without an attorney. Also, it moves much more quickly than regular court. You can get the necessary forms to start from the clerk of the court.

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