It's quite simple: once the lease is mutually signed, something that is normally done after a security deposit has been paid, then the tenant is considered to have legal custody of the property or dwelling. If at that point the tenant does not move in, the security deposit can be kept. This is because the apartment has been rented out and if at the last minute the tenant decides not to move in, then the landlord has to try to rent out the apartment, which may remain vacant until this happens. It should also be noted that the tenant would also be responsible for any rent of the apartment while the apartment is still vacant and up to the remainder of the lease term.
If your landlord accepted the security deposit from you he must return to you unless he have legal grounds to keep all or part of the security deposit. I don't think that the loss of your receipt for the security deposit is enough to allow your landlord to keep it. Thus you can sue him.
A landlord will keep a security deposit if the condition of the rental property was damaged by the occupant in some manner. The security deposit is to cover the expenses of repairing the rental property after the tenant has moved out of the premises.
Most states require the landlord to place the deposit in an interest-bearing account, protected from his creditors.
A security deposit is a refundable deposit that a tenant pays to their landlord before they move into a property As long as a tenant abides by the terms of their lease, this deposit should be returned to a tenant when their lease has expired. There are certain situations where a landlord is allowed to keep all or part of a tenant's security deposit.
A security deposit is an advanced deposit that is generally retained by the landlord during your tenancy. The landlord is obligated to return such deposit within 30 days with interest earned, if any, and/or an itemized list of expenses for which the landlord is offsetting the deposit amount (for which he wants to keep some or all of the deposit). The laws regulating such deposit varies between states under the Landlord/Tenant laws of that state.
Not automatically. If the dog damaged property and the landlord had to have it fixed, yes. If your lease states that you are not allowed to have pets, he may keep the security deposit to replace carpet, have flea exterminators, etc. when you move out. However, if neither of these is the case, then he most likely cannot keep the security deposit.
They can if the fire was the tenant's fault.
Most landlords require a "pet deposit" in addition to your initial security deposit. So, if you get a cat, without permission from your landlord, then yes, they can deduct from your security deposit, the amount that you would have paid for the pet deposit. Also, they may be able to evict you, if they find out you have an unauthorized pet.
only if that is agreeable with landlord. A lease agreement without a lease is a verbal lease. Your last month's rent is not a security deposit.
A landlord is only entitled to keep all or a portion of a security deposit to cover any substantial damage to the property or to cover lost rent. They may also be entitled to a portion of the deposit if the apartment was not cleaned. If the landlord has not provided you with a list of damages or reasons as to why they're keeping all or some of your security deposit, you will need to file a small claims lawsuit against the landlord.
Generally yes. Failing to give such notice may allow the landlord to keep your security deposit.
Yes he can. It depends on the degree of damage done. A landlord shouldn't keep the deposit to paint if only usual wear and tear have occured. However, putting nail or pin holes may be enough for the landlord to justify keeping the deposit for damage beyong normal, permitted use.