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I recently moved out of my apartment and don't believe that my landlord will be returning my deposit. I left the place clean and need the money to relocate. What are the procedures for a landlord's failure to refund security deposit?
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It never hurts to photgraph your place the day you move in and after you've cleaned it up. Hold up a newspaper front page in one of the shot s that couldn't be anywhere else but the place you've rented. And there's always small claims court for slumloard who wants to cheat you out of your deposit.
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Many states impose damages meant to punish the landlord for keeping your deposit in bad faith. These damages should be included in any demand letter you send to your landlord and also included in the total amount you sue for if it comes down to that.
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I have been denied my security Deposit and charged additonal $434 for cleaning for an apartment I moved out of. The complex has now filed with small claims court. I have them the required 60 days notice to vacate and also 30 days. The apartment was spotless when I moved out and was actually cleaner then when I moved in except for damages caused by the maintenance staff when they entered my apartment to replace the washer. I need all the help I can get to fight this. I am unemployeed and can not afford legal representation.
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Attorneys are typically not allowed in small claims court. Bring any evidence you have such as pictures, walk-in and walk-out paperwork, etc. to prove that you did not leave the place dirty. Witnesses that were also there when you moved out or assisted you in cleaning may be benificial if no other evidence exists.
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Lawyers are allowed in small claims court. And it is recommended that you get a lawyer for small claims court. Not sure what state you are from but here they are not only recommended but there is a whole "fleet" of lawyers that only practice small claims. Matter of fact even to get the clerk to take seriouse your request for small claims it has to be registered by lawyers.
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