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getting deposit back

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rmcnellis

Member
What is the name of your state? montana

i recently purchased a home and moved out of the house i was renting for the last 2 years. the house i rented had some serious moisture and climate issues. there was no heat in the back part of the house, so it would get so cold you could see your breath and water would actually freeze at times. also, the bathroom fan was not vented outside, but vented into the attic, causing a jungle of mold to grow up there. the landlord also had removed insulation from the attic and not replaced it (this was in the back part of the house also), causing mold to grow on the ceiling, baseboard and trim in my bedroom. the extreme moisture and climate and leaking toilet also caused the bathroom floor to warp. and on the last day, when i was cleaning up, the carpet pile came loose and wrapped around the vacuum brush, so a strip of carpet (very narrow, but long) came up. besides the carpet, i told my landlords about a dozen times verbally and in writing about the problems, and they always said they'd fix them but never did. the carpet, though an accident is my fault. i gave them a letter stating all the problems i knew of with the house (as they had asked me to) and the keys and it's been a week. they haven't called me to give me back my deposit or tell me they aren't going to give me my deposit and i can't get a hold of them. first, can they hold me responsible for those things i had no control over like the mold and the warped floor? and what about the carpet - there was no way i could've seen that coming. also, they gave me a glowing reference to buy my house. i was always on time with rent, abided by the lease agreement to a t. what's the best way to approach getting my deposit back?
 


FarmerJ

Senior Member
Look in your state govts web page for Landlord tenant info the answer as to how much time they have to address the deposit will be there and save all the copysof the letters you wrote about the repairs and the house conditon Incase you need to take them into a court to prove you had written about them when or if you must file any claim with civil court regarding your deposit , last If you didnt send them a letter giving them your new address send it with a certificate of mailing from post office or registered . (keep copy )
 

abezon

Senior Member
Check out Montana Code Annotated, Title 70, Chapter 25.

LL may only deduct for damages alleged to have been caused by T. You didn't cause any of the mold damage, since you notified LL of the problem many times and LL did nothing. Same for the carpet -- you were not abusing it in any way, you were just vacuuming normally. The carpet was damaged because of LL's failure to maintain the house, not because you vacuumed too hard.

LL has 30 days to mail you a list of damages and refund. If there is no damage/cleaning/rent due/utilities unpaid, LL has 10 days to mail the full deposit.

Sit quietly and wait for LL to send your refund. Then talk to us again if LL withholds anything you think is unfair.
 

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