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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111571
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I need a layer who have expertise in Rental Security Deposit

Customer Question

I need a layer who have expertise in Rental Security Deposit issue. Thanks
JA: What state are you in? It matters because laws vary by location.
Customer: The Rental property which I was renting was in West Virginia, I have moved to Illinois.
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: I am sure I will have plenty to ask when I chat with the lawyer
Submitted: 2 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What is your question about your security deposit?
Customer: replied 2 months ago.
34 days were past and I didn't here from my Landlord, regarding the security deposit. I called on the 35th day and asked about the security deposit, and he (I dealt with landlord boyfriend from start of the lease) stated that I will not be receiving my security deposit of $500 because I damaged a pole in the car port area with my car. He stated that the cost of the damage is more than the deposit. He took the pictures of the damage pole and scratches on my car which he states are from hitting the pole. I was still renting her house and the boyfriend waited until I moved out. I asked him why did you not tell me about the damage so I could have fixed it and he stated that he didn't realize the damage was sufficient. I now live in Illinos and the place I was renting was in West Virginia.
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply.
Under West Virginia law, a landlord must return the tenant's security deposit within 60 days from the date the tenancy has terminated, or within 45 days of the occupancy of a subsequent tenant, whichever is shorter. If he is at day 35 and is telling you there would be no return of the deposit and you dispute the damage to the property, you would have to file suit in small claims in WV to recover your money. However, if you did cause the damage, the fact he did not notify you about it does not mean he is not entitled to the deposit to fix the damage I am afraid. If you dispute the amount of the damage you can sue in small claims in WV and he would have to provide proof of the cost of the repairs.
Customer: replied 2 months ago.
I read all the cause which are associated regarding Rent Security deposit in West Virginia. I am concern that the pictures of the pole he states I damage doesn't seem to be fixed, and the reason why I say this because he placed the house on rent about 12 days I moved out. The pole which he states is damaged is clearly the same pole in the pictures on the rental site.
Expert:  Law Educator, Esq. replied 2 months ago.

Thank you for your reply.

I understand that and if you dispute the amount of the damage, then you can sue in small claims court. However, the law on security deposits does not require him to make the repairs, he can still charge you the value of the damages.

Customer: replied 2 months ago.
Can I ask him to provide me with the receipt for the repair? Do I need to write a letter to the Landlord who was renting my her place instead of dealing with her boyfriend?
Customer: replied 2 months ago.
How can he determine the value of the damage?
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply.
You can ask for a itemized estimate of the damages, he has to provide you that, but you cannot demand proof of actual repair.
Customer: replied 2 months ago.
Does the landlord who is listed on the lease have to notify me about the security deposit or is it enough for her boyfriend to text / call me and tell me about the damages?
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply.
You are entitled to written notice of the keeping of your deposit. WV considers text to be written notice, but if you write back objecting they still have to provide you an itemized list of the damages.
Customer: replied 2 months ago.
The itemized list for damages does the landlord need to have a rough estimate on her own or she have to get estimate from professional.
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply.
They would need an estimate from a professional or else you can dispute it in court.
Customer: replied 2 months ago.
He states that the cost was more than the deposit. Can the landlord sue me for the balance in the small court.
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply.
Yes, he can, but to pursue you now he would have to sue you in IL, since that is where you are living.
Customer: replied 2 months ago.
The landlord can get an estimate to fix for the damage but she doesn't need to have it fix, is that correct.
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply.
That is correct.
Customer: replied 2 months ago.
If the landlord didn't notify me with the 60 day time limited, would I have been entitle to a full security deposit regards ***** ***** damages.
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply.
You already said they notified you by text, but yes had they not notified you in 60 days you could have recovered your deposit even if there was damage.

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