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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 26377
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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We recently moved out after 4 years (in October) - the

Customer Question

We recently moved out after 4 years (in October) - the landlord has yet to return the security deposit. They are now saying after 4 years that tenant was to pay for garbage service (which was only stated in the 1st years lease. the 3 subsequent leases did not address paying the garbage bill. No notice of default was ever sent/received and obviously landlord continued to accept rent checks - can the landlord now make this claim and withhold return of the security deposit?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 year ago.

Good afternoon. Just to be clear, after the first lease expired, you signed a new lease and the term regarding the tenant paying for garbage disposal was not included in this?

Customer: replied 1 year ago.
correct
Expert:  RealEstateAnswer replied 1 year ago.

Thank you. What is contained in a lease agreement, will control. The parties are free to modify the terms or change terms and conditions, once the lease expires and a new lease term is entered into. Here, you shared that the first lease did address this and it was paid. However, the second lease agreement and ones thereafter, never required the tenant to pay. As such, they would have had no legal obligation to do so. What else seems odd is that if the service was not being paid for, it would and should have been recognized by the landlord, when payment was not made. To first wait 3 years and then try and claim it is owed, without anything in writing to support it, would lack merit and indicate this was never agreed to, or else it would have been demanded when it was not paid. As such, a demand for the return of the deposit could be made and if the landlord refuses, you could sue and go for damages, if he wrongfully withheld it.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Expert:  RealEstateAnswer replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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