Should I try to get my rental deposit back?
June 19, 2021 11:04 AM Subscribe
When Covid first started and my gigs fell through, my landlady gave me a month's rent off. I have now moved out and it would be at this point which I ask for my deposit back. Should I bother, or just call it "even"?
I lived in the same place for 6 years, the landlady and I got on fairly well. Typical of the neighborhood I live in, all the buildings are rented by Italian/Sicilian families who have owned the buildings since the early 20th century and tend to be very informal about things. After my first year in the place (2015), my year's lease ended and we've never even had a paper lease since then which makes this even wobblier from a legal standpoint if I needed to get my deposit back.
What would you do in this situation? So far when I've texted about an apartment inspection and the deposit, she's sort of said "we'll get to that" but it's been three weeks... She's pretty spotty in terms of keeping on top of things regarding the apartment in general, but I don't want to lose $2000 either.
I lived in the same place for 6 years, the landlady and I got on fairly well. Typical of the neighborhood I live in, all the buildings are rented by Italian/Sicilian families who have owned the buildings since the early 20th century and tend to be very informal about things. After my first year in the place (2015), my year's lease ended and we've never even had a paper lease since then which makes this even wobblier from a legal standpoint if I needed to get my deposit back.
What would you do in this situation? So far when I've texted about an apartment inspection and the deposit, she's sort of said "we'll get to that" but it's been three weeks... She's pretty spotty in terms of keeping on top of things regarding the apartment in general, but I don't want to lose $2000 either.
When she gave you a month off, that didn't cancel out the deposit. If she's an informal sort of landlady, I wouldn't be too worried that it's been 3 weeks - I had a similar situation once that took a little while. But I'd call her, and make it clear that you really need that money sooner rather than later.
posted by coffeecat at 11:18 AM on June 19, 2021 [2 favorites]
posted by coffeecat at 11:18 AM on June 19, 2021 [2 favorites]
Unless she said she'd use your deposit for the rent then you should still get your deposit back.
posted by slidell at 12:34 PM on June 19, 2021 [1 favorite]
posted by slidell at 12:34 PM on June 19, 2021 [1 favorite]
I'd add that if you ask for your deposit back, I'd frame it as an expectation, e.g. "When will I get my deposit back?" instead of "Will I get my deposit back?" Take it as assumed that you'll be receiving it back and then it will be on your landlord to handle that expectation as appropriate. "Will I" allows them to say "No" and then it's on you to convince them that they should, actually.
posted by Aleyn at 1:14 PM on June 19, 2021 [9 favorites]
posted by Aleyn at 1:14 PM on June 19, 2021 [9 favorites]
If I were financially okay now, and assuming that the deposit equals a month's rent, I'd repay her kindness by letting her keep it. I'm not super-pro-landlord, but if a human being does the right thing by you, it's desirable to return the favor.
posted by praemunire at 3:54 PM on June 19, 2021 [20 favorites]
posted by praemunire at 3:54 PM on June 19, 2021 [20 favorites]
You could also split the difference- if she actually coughs up the security deposit, you could say "aah, I really appreciate you helping me when I was tight on money.. why don't we call it $1K instead?"
posted by Larry David Syndrome at 4:20 PM on June 19, 2021 [2 favorites]
posted by Larry David Syndrome at 4:20 PM on June 19, 2021 [2 favorites]
Call her, or email, tell her again how much she helped you with that free month, because that was a generous act. Ask her what she thinks is fair regarding the deposit, and offer to split it. I'd call that very fair. She was able to afford to give you a free month, you can scrape by with no deposit returned, but actually kind of need at least some of it.
posted by theora55 at 6:00 PM on June 19, 2021 [4 favorites]
posted by theora55 at 6:00 PM on June 19, 2021 [4 favorites]
Technically speaking, your landlord can't use your security deposit for anything except damages to the apartment. This is definitely legal territory, especially with the covid complications. I'm curious what the protocol will be for people in your situation who missed rent payments, who were not legally allowed to be evicted because of covid, and are then seeking their security deposit back. If you have any lawyer friends, it would be worth asking them.
I would pursue getting the security deposit back. I was in a similar position last summer, except I was breaking my lease that I had signed at the peak of the pandemic without being able to look at apartments and make an informed decision about my living situation. I was living in a basement apartment and gave 60 days notice about moving out, and the landlords were unable to find a long term tenant in that time. They rent the apartment out as an airbnb when they can't find long term tenants. I did not try to get my security deposit back because I did not want to or have the ability to continue paying $1800 a month for an apartment I wasn't living. I was in a financial position to walk away from the $1800 security deposit at that time, with all the stimulus checks we got. I have since got screwed over for $3k on a car purchase and my tax return is lost in the mail, and I really wish I had that $1800 back. Since you don't have to worry about paying out the rest of your lease, I would absolutely go after that money.
posted by DEiBnL13 at 8:50 PM on June 19, 2021 [4 favorites]
I would pursue getting the security deposit back. I was in a similar position last summer, except I was breaking my lease that I had signed at the peak of the pandemic without being able to look at apartments and make an informed decision about my living situation. I was living in a basement apartment and gave 60 days notice about moving out, and the landlords were unable to find a long term tenant in that time. They rent the apartment out as an airbnb when they can't find long term tenants. I did not try to get my security deposit back because I did not want to or have the ability to continue paying $1800 a month for an apartment I wasn't living. I was in a financial position to walk away from the $1800 security deposit at that time, with all the stimulus checks we got. I have since got screwed over for $3k on a car purchase and my tax return is lost in the mail, and I really wish I had that $1800 back. Since you don't have to worry about paying out the rest of your lease, I would absolutely go after that money.
posted by DEiBnL13 at 8:50 PM on June 19, 2021 [4 favorites]
Technically speaking, your landlord can't use your security deposit for anything except damages to the apartment.
Depends on the state.
posted by praemunire at 9:13 PM on June 19, 2021
Depends on the state.
posted by praemunire at 9:13 PM on June 19, 2021
Also depending on the state, generally landlords have 30 days to cough up the deposit; some states require an itemized list of expenses taken from the deposit.
posted by Sunburnt at 12:38 PM on June 20, 2021 [1 favorite]
posted by Sunburnt at 12:38 PM on June 20, 2021 [1 favorite]
I agree that you should call and thank her and propose splitting it. She volunteered to be financially harmed in order to spare you harm. Why should she be the only one to take a hit? You will still have gotten a free half-month’s rent.
posted by HotToddy at 6:27 PM on June 20, 2021
posted by HotToddy at 6:27 PM on June 20, 2021
Also in some states she should also return that with interest. Sure rates aren't that high but it's still something.
posted by 922257033c4a0f3cecdbd819a46d626999d1af4a at 8:05 PM on June 20, 2021
posted by 922257033c4a0f3cecdbd819a46d626999d1af4a at 8:05 PM on June 20, 2021
This thread is closed to new comments.
posted by SPrintF at 11:05 AM on June 19, 2021 [2 favorites]