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Deposit Withheld!

Rights for non-regulated tenants

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Deposit Withheld!

Postby lonestarrenter » Fri Feb 05, 2010 1:49 pm

My husband and I moved out of our non-reg. 3-bedroom apartment on Jan. 2nd. We had lived there for 5 years with a lease renewed in Aug. of each year, except this final year: the management company overlooked sending us a new lease this past August, so technically we were there on a month-to-month contract. The 3rd roommate is going to stay in the apartment and found 2 more tenants to replace us. All three of us were originally on the one lease.
I called the lawyer (management) on Dec. 1st to find out what needed to be done in order for us to vacate. He told me that the new tenants needed to go thru credit checks and when their deposits were in we would get ours back. He made no mention of a written notice or a that they required 60 day notice which, now, is his defense for not returning our deposit.
We made every effort to leave the apartment in better condition than we found it. (we even rented a carpet shampoo-er) He's made no claims in the past that our deposit was going to be used for any repairs or payments of any kind. He just simply answers all our emails, calls, etc. with the defense that we did not give 60 day written notice and therefore he will not return our deposit.
The original lease states that the intention for the renters to vacate the apartment requires a 60 day notice but we did not completely vacate. The 3rd roommate stayed and the new tenants moved in the same day we left.
They are not out a cent. They did not even have to go through the trouble to find new tenants. We did that!
Do we legally have a right to our deposit? Are there any loopholes that give him the right to keep our money? Please help.
Thank you.
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