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I vacated my apartment on 1/31/13. I then asked my landlord on 2/28/13 about my security, he assured me that it was in the mail. On 3/14/13 we speak again and he says its still in the mail. On 3/18/13 he calls and says he kept the deposit for damages done to the apartment. He also has an itemized list dated 2/28/13 of estimated costs for damages, but told me the check was in the mail as of March. Can I sue for misleading me?