Thread: How can I get my security deposit back from my old landlord?

Hi, my name is Sergio and I'm a full time student
I used to rent a room in a small house. I gave to the oner of the house $800 security deposit , but I didn't signed the lease. I moved out after one year of living in that house. The problem is that he doesn't want to give the deposit back.
What should I do?

if you have anything in writing you could take him to court

Unfortunately without a lease there is not proof you ever rented the room so there for you would have no legal standing to get your security deposit back. Unless you had the money to hire a good attorney to fight for it back but your going to pay way over your $800 in doing so. Sorry, next time be sure to sign a lease so you don't get pushed over.

sue him in small claims court, you should easily win if you can prove you gave him the $800. go to your nearest court house to get the forms. it will cost you a fee but you can include that in your complaint, in other words sue also for court cost a fileing fees.

Take him to small claims court. A landlord has a limited amount of time to give you a list of damages and the cost of the damages. If he never gives you the list (I think 30 day limit), you can get your deposit and the money it cost you to take him to court. My friend did this and finally got her deposit back. She didn't leave any damages, the landlord just didn't like to give back money! Find out what the time limit is in your county. You should recieve the entire deposit back as long as there is no damage. Without a lease, you don't have to give notice, but it is nice to let the landlord know.

as a tenant you are supposed to give the landlord 30 to 60 days written notice that you are vacating the room you are occupying.

That gives the owner enough time to find a replacement.
a security deposit is also called the damage deposit.
WHatever needs to be fixed if you had damaged the room, will be taken off the amount and the balance is given back to you.

If you had given him the notice that you were leaving a month ahead at the very least, and cleaned up the room and removed garbage so it can easily be rented to another person, he might give 500 or 600 back to you.
If you simply upped and left, he is left with garbage , need to hire a cleaner, fix holes in the wall, repaint etc, plus be unable o rent out the room ( loss of income) then
you forfeit your deposit as his DAMAGE.

I know
Its not fair. You are only a student
But fairness goes both ways.
Next time, you know the drill.