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Can I get deposit back

Posted by Matt on October 28, 2001 at 01:24:28:

I had a apartment lease that expired Aug. 31 and I needed some extra time because I was buying a house. In late July, my landlord agreed to extend the lease one month, until Sept. 30, and I agreed to let him know by the end of Aug. if I needed the aparment for longer than Sept. 30. We both signed that agreement and each kept a copy.
At the end of Aug. I presented the landlord with 45 days notice, that I would leave on Oct. 15. and pay half a month's rent for Oct. He refused to accept that notice, and said either all of Oct. or none. I reluctantly wrote out another notice for all of Oct. and signed it. I paid for Sept 1-30, and when I showed him the copies of the Oct. extension, he said he would get back to me. He never did. He went off to Europe for three weeks, leaving me with an unsigned extension, and by the time he got back, I was ready to move at the end of Sept. He said he would give me back my security, pending the apartment inspection.
On moving day, he refused to inspect the place, claiming he had phone calls to make. Several phone conversations later, he said he was keeping the deposit because I never gave him 30 days notice, and that the bathroom was damaged due to the small tiles popping up from the floor.
We did not cause that problem, whoever did the floor did a lousy job. He knew about the floor problem three months before, said he would fix it and never did.
I can see if I owed him 15 days rent (from the 45 day notice, 30 days already paid), and receive the remainder of the security (Over $200). But what am I entitled to? He never signed either that notice nor the one for the full month of Oct. and had new tenants in the apartment on Oct. 17.

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