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Re: my repairing damage..i think you are in luck

Posted by r on July 17, 2001 at 21:27:11:

In Reply to: my repairing damage posted by Robin on July 17, 2001 at 15:05:48:


Here is MS law:

The landlord has 45 days to give you an itemized detailed list....He hasnt, so you can try and sue the landlord for not returning your secuirty depoit on time


89-8-21. Tenant's security deposit.


(1) Any payment or deposit of money, the primary function of which is to secure the
performance of a rental agreement or any part of such an agreement, other than a payment
or deposit, including an advance payment of rent, made to secure the execution of a rental
agreement shall be governed by the provisions of this section.

(2) Any such payment or deposit of money shall be held by the landlord for the tenant who
is a party to such agreement. The claim of a tenant to such payment or deposit shall be
governed by the provisions of this section. The claim of a tenant to such payment or deposit
shall be prior to the claim of any creditor of the landlord.

(3) The landlord, by written notice delivered to the tenant, may claim of such payment or
deposit only such amounts as are reasonably necessary to remedy the tenant's defaults in the
payment of rent, to repair damages to the premises caused by the tenant, exclusive of
ordinary wear and tear, to clean such premises upon termination of the tenancy, or for other
reasonable and necessary expenses incurred as the result of the tenant's default, if the
payment or deposit is made for any or all of those specific purposes. The written notice by
which the landlord claims all or any portion of such payment or deposit shall itemize the
amounts claimed by such landlord. Any remaining portion of such payment or deposit shall
be returned to the tenant no later than forty-five (45) days after the termination of his
tenancy, the delivery of possession and demand by the tenant.

(4) The retention by a landlord or transferee of a payment or deposit or any portion thereof,
in violation of this section and with absence of good faith, may subject the landlord or his
transferee to damages not to exceed Two Hundred Dollars ($200.00) in addition to any
actual damages.


Sources: Laws, 1991, ch. 478, 11, eff from and after July 1, 1991, and shall apply to
rental agreements entered into after such date.

: After spilling about 1' area of bleach in master BR, I told the landlord. I had carpet expert look and advise.
: They can repair bydying carpet, but will be a shade darker. landlord wants adjoining stairs, and other BR dyed, too, to match. Can he require that?
: Why can't I just have that BR dyed?
: This is an apartment rental in Mississippi (about 20 units)with written lease and a securtiy deposit which
: landlord is witholding. It has been 45 days since I terminated my lease. No written notice from landlord yet about anyof this. He is willing for us to make an agreement on what repair is to be done, but wants too much done!


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