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What should i do when the landlord is refusing to return the security deposit?

Williamsville, NY |

Hi, I just moved out of house I was renting for 4 yrs. (Williamsville,(Buffalo suburb), NY) The landlord came to the house a day before the moving day to inspect the house and said everything looked Ok. Then 10 days after the moving day, the landlord just sent me a written notice saying that he will not return my security deposit due to few uncleaness in the house, such as small staining in he carpet, marks on the pain, stain in oven, etc. All the items he is making issues were all addressed and discussed together when he came for inspection and he ok'ed at that day.
He even makes issue for staying of my in-laws in the house 2 days weekly for baby-sitting my kid, which he knew and agreed from the beginning of lease 4yrs ago.
Should I write back to him for return of my security deposit

Attorney Answers 3


Yes, I would write back asking for its return. Legal action is a possibility, though I don't know if the amount would make it worth it.

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send your letter certified mail, return receipt requested

READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I give a 100% effort to get you on the right track with your issue. Sometimes that means legal educational information, sometimes that means counseling and non-legal guidance. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

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Dear landlord is refusing to return security deposit:

Your lease likely provided that the security deposit would be returned to you in full with earned interest unless the premises were returned to the landlord in a condition requiring repair to damage beyond ordinary use (damage beyond ordinary wear and tear.)

It would have helped to have had he landlord sign off on the day you moved that all was in order and no damage was observed.

Remind the landlord in writing that he accepted the condition on the inspection date. Send your letter to the landlord, with a duplicate copy to yourself, by certified mail and by regular mail with a certificate of mailing.

If you do not receive your security, you may initiate a Small Claims Court claim for the return of the security deposit.

Good luck.

The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.

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