Getting The Deposit Back

Jay rented a house on a year lease, and after that, it went to a month-to-month. The landlord hasn't returned the deposit and doesn't intend to. How does he get it back?

QUESTION: Jay in Nashville rented a house on a year lease, and after that, it went to a month-to-month. Jay took excellent care of it, but when he moved out, the landlord was supposed to return Jay’s deposit. But she apparently has no intention of returning it. How does he get it back? Dave recommends meeting with her again to discuss this.

ANSWER: Whenever you move out of a rental property, make sure to get a move-out agreement. That’s where the landlord or the management company meets you and you sign a document that day saying the house was left in satisfactory condition so as to cause the deposit to be returned. That keeps this from happening.

I guess what you’ll have to do is meet with her and, if she’s having financial trouble, ask under what process is she going to return your money? Work out how she’s going to do it and then sign a promissory note stating that if you are not paid, you’ll take her to small claims court. Work out some kind of reasonably quick terms with her and try to get that in writing. If she won’t do that, then contact an attorney.

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