Do I have a case in getting my security deposit back at the small claims court?

Real Estate 10 views 3 answers
I put up a temp wall (I asked the broker to ask the management and got approval by the broker via text) and removed it without any permanent damages to the wall. the management is holding all the security deposit insisting that the wall wasn't allowed in the first place. I want to argue before the judge that I was misinformed and removed the wall without any permanent damage, so their claims are unreasonable and unjust. They also didn't give me any explanation for not returning security deposit for couple months. Is there a possibility of getting at least some part of the money back? thank you!

Attorney Answers

3
Eric Rothstein ·
A security deposit is to protect a landlord from damage. It is not to be used a penalty for breaking rules. If you did not cause any damage to the apartment you should get the deposit back.
0 upvotes
Bruno Bianchi ·
As long as your installation and removal of the temporary wall caused no damage to the apartment, you are entitled to the return of your security deposit. The purpose of a security deposit is to protect a landlord from damages that might be caused by the tenant. if there are no damages when the tenant moves out at the end of the lease, then the security deposit should be promptly returned. In order to pursue this matter you should send the landlord a letter -- the original by certified mail and a copy by first class mail with a certificate of mailing. You should demand the return of your security deposit within 10 days. If the landlord does not return the security deposit after 10 days have passed you should sue to recover it in small claims court.
0 upvotes
Peter Weinman ·
I'm not so sure I agree with attorneys Bianchi and Rothstein. If I represented the landlord, I would argue that impermissible changes are akin to damages inasmuch as the security can be used to restore the unit to it's original undamaged/unchanged condition. You receiving a text from the broker, who probably did not have the authority to bind the landlord, is probably not sufficient authorization to make structural changes that I assume your lease did not allow without landlord's consent. If there is any chance that the restoration would cost more than the deposit withheld, you might be wise to drop it. Just my two cents. Good luck!!
0 upvotes

People Also Asked