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Re: Moving and getting security deposit back
#9
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anonymess wrote:
Perhaps you misread or I worded my question poorly. I have no intention of withholding rent.


Sorry, my comment was directed at User's advice to demand the refund immediately, and at the large chunk of renters who want to use security for their last month.

Posted on: 2014/2/19 3:42
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Re: Moving and getting security deposit back
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brewster wrote:
If you read that pamphlet, it makes clear the landlord is not obligated to refund upon final walkthrough, but has 30 days. I can tell you there been several times I've found damage after the walkthrough that wasn't obvious at that time. In a set of laws that generally favor the tenant, a landlord is foolish not to take his time examining the unit, and if required, getting estimates for repairs before refunding the deposit. Thats what it's for, definitely not for last months rent.


Perhaps you misread or I worded my question poorly. I have no intention of withholding rent.

Posted on: 2014/2/19 1:24
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Re: Moving and getting security deposit back
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If you read that pamphlet, it makes clear the landlord is not obligated to refund upon final walkthrough, but has 30 days. I can tell you there been several times I've found damage after the walkthrough that wasn't obvious at that time. In a set of laws that generally favor the tenant, a landlord is foolish not to take his time examining the unit, and if required, getting estimates for repairs before refunding the deposit. Thats what it's for, definitely not for last months rent.

Posted on: 2014/2/19 0:44
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Re: Moving and getting security deposit back
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JCbiscuit wrote:
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anonymess wrote:
Nice summary. And thanks for the link.

I am living month to month. My lease expired several years ago. I'd prefer to leave the minimum amount of notice required. Do I need to leave 30 or 60 days?


Why the minimum amount? Unless you think your landlord is going to give you a hard time, a decent amount of notice can only show your own good-faith intentions.


Not to get into it, all I want to do is meet my legal obligations, something the landlord failed to do.

Posted on: 2014/2/19 0:31
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Re: Moving and getting security deposit back
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Quote:

anonymess wrote:
Nice summary. And thanks for the link.

I am living month to month. My lease expired several years ago. I'd prefer to leave the minimum amount of notice required. Do I need to leave 30 or 60 days?


Why the minimum amount? Unless you think your landlord is going to give you a hard time, a decent amount of notice can only show your own good-faith intentions.

Posted on: 2014/2/19 0:14
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Re: Moving and getting security deposit back
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Nice summary. And thanks for the link.

I am living month to month. My lease expired several years ago. I'd prefer to leave the minimum amount of notice required. Do I need to leave 30 or 60 days?

Posted on: 2014/2/19 0:07
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Re: Moving and getting security deposit back
#3
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1. Reread your lease.
2. Write the language about your deposit in your computer in a word processing document.
3. Two months before the end of your lease write the landlord a letter (and send it by email, ordinary mail, and certified mail return receipt requested.
4. In your letter thank the landlord for renting the property to you.
5. Inform the landlord that you do not intend to renew the lease.
6. Ask the landlord to come out to inspect the rented premises in 14 days, to make a list of items the landlord believes need to be remedied in order for the full deposit to be returned when the keys are returned.
7. Send photographs of the premises showing the condition it is in 2 months prior to the termination of the lease.
8. Offer to the landlord the opportunity to have prospective new tenants inspect the rented premises during the last two months of the lease.
9. If you have friends that may be interested in renting the premises, let the landlord know who they are, and that you are promoting the premises to friends.
10. Secure all valuables if you are allowing the landlord to show the premises while you are still renting the premises.
11. In your letter, use the words "I make amicable demand that you refund my full deposit of $____ on the day I return the keys to you on the last day of my lease."
12. Also ask the landlord to provide you the opportunity to correct any problems in your last month before you vacate the premises.
13. In your letter, tell the landlord you intend to pay your monthly rent when due, and that you expect that the landlord will pay you the deposit when due.
14. Fill all nail holes where anything was hung from the wall.
15. Photograph the premises after all the furnishings are removed.
16. Send the landlord a copy of the photographs.
17. If the landlord refuses to inspect, and refuses to refund the deposit, consider sending a letter to other tenants to be aware of the problem.
18. File suit in small claims court no later than 30 days after demand has been made, and no payment has been made.

Posted on: 2014/2/18 22:40
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Re: Moving and getting security deposit back
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Your rights and the landlord's responsibilities are clearly spelled out in Chapter 3

https://www.lsnjlaw.org/Publications/P ... Manuals/TenantsRights.pdf


Posted on: 2014/2/18 22:19
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Moving and getting security deposit back
#1
Home away from home
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I'm planning on moving in 2 months and left a deposit equivalent to 1.5 month's security. What steps, if any, can I take to assure getting my deposit back? That is, other than withholding rent. Thanks.

Posted on: 2014/2/18 21:30
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