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I am in need of advice, I know what the Attorney General says but I cannot decipher it. I am on Section 8 housing, and paid a security deposit of $750.00. The lease was signed 04/01/2007 and I gave my landlord my 30 day notice on Oct 26, 2011 (because HUD needs to have it by the first of Nov). I obliged to his wish to show the property on Wed 11/23. He received my forwarding information on Dec 1, 2011 when he received the keys to the property. I included a list of deduction I thought were fair, since the carpeting was in place when he bought the property and was not professionally cleaned, and things I knew occured because of the 2 small children growing up there, one was a newborn and the other a 3 year old, on move out they are now 8 and 4. I asked for 500 back and he has not sent me a list of deductions and in a text messages he stated he did not think it was warranted and I was not receiving anything back. This conversation occured past the 30 days he is required to do one of those two things. I need to know what are my options? He claimed my house smelled of animals, but I passed a housing inspection on Nov 18, 2011. Any help is GREATLY appreciated.
Last edited by smk0611; 01-03-2012 at 05:41 PM. Reason: typo
Section 250.512. Recovery of improperly held escrow funds
(a) Every landlord shall within thirty days of termination of a lease or upon
surrender and acceptance of the leasehold premises, whichever first occurs, provide a tenant
with a written list of any damages to the leasehold premises for which the landlord claims the
tenant is liable. Delivery of the list shall be accompanied by payment of the difference
between any sum deposited in escrow, including any unpaid interest thereon, for the payment
of damages to the leasehold premises and the actual amount of damages to the leasehold
premises caused by the tenant. Nothing in this section shall preclude the landlord from
refusing to return the escrow fund, including any unpaid interest thereon, for nonpayment of
rent or for the breach of any other condition in the lease by the tenant.
(b) Any landlord who fails to provide a written list within thirty days as required
in subsection (a), above, shall forfeit all rights to withhold any portion of sums held in escrow,
including any unpaid interest thereon, or to bring suit against the tenant for damages to the
(c) If the landlord fails to pay the tenant the difference between the sum
deposited, including any unpaid interest thereon, and the actual damages to the leasehold
premises caused by the tenant within thirty days after termination of the lease or surrender and
acceptance of the leasehold premises, the landlord shall be liable in assumpsit to double the
amount by which the sum deposited in escrow, including any unpaid interest thereon, exceeds
the actual damages to the leasehold premises caused by the tenant as determined by any
court of record or court not of record having jurisdiction in civil actions at law. The burden of
proof of actual damages caused by the tenant to the leasehold premises shall be on the
Last edited by smk0611; 01-04-2012 at 12:26 AM.
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