AdmRose
04-01-2009, 04:36 AM
Here is the deal:
I moved out of my apartment on 2/27/09 a month before my lease was up. I paid the landlord the last month's rent of $590 before I moved and he approved everything. 30 days have passed and I have heard nothing from him and have not yet received my security deposit back (also $590). Yesterday I sent him a letter stating that since the 30 days lapsed and I received no refund or list of damages (there are none) from him that he forfeited his right to withhold anything from it. I also informed him that if he didn't return it within five days I would sue in district court. I'm awaiting his response. My concern is there is a provision in the lease that states if I break the lease before the 12 months is up the landlord "may" keep my security deposit. My issue here is with the non-committal wording of the paragraph - namely it says "may" instead of "will." My contention is that if the landlord is exercising his choice to withhold the security deposit despite the fact that he lost no money due to the lease being terminated early that he would have to inform me of same within the 30 day period. Should I pursue this matter further?
I moved out of my apartment on 2/27/09 a month before my lease was up. I paid the landlord the last month's rent of $590 before I moved and he approved everything. 30 days have passed and I have heard nothing from him and have not yet received my security deposit back (also $590). Yesterday I sent him a letter stating that since the 30 days lapsed and I received no refund or list of damages (there are none) from him that he forfeited his right to withhold anything from it. I also informed him that if he didn't return it within five days I would sue in district court. I'm awaiting his response. My concern is there is a provision in the lease that states if I break the lease before the 12 months is up the landlord "may" keep my security deposit. My issue here is with the non-committal wording of the paragraph - namely it says "may" instead of "will." My contention is that if the landlord is exercising his choice to withhold the security deposit despite the fact that he lost no money due to the lease being terminated early that he would have to inform me of same within the 30 day period. Should I pursue this matter further?
