How to get back our security deposit if we had to terminate our lease early due to uninhabitable conditions?

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How to get back our security deposit if we had to terminate our lease early due to uninhabitable conditions?

My boyfriend and I were renting an apartment/condo. We signed a 6 month lease but had to move out after 4 1/2 months. We lived with no hot water for 3 months, had a shower leak that leaked as much hot water as you would use taking a shower for about a month and a half, and no working oven since the day we moved in. The hot water leak was so bad the water molded out 2 closets, everything in the closets, my bedroom floor, and under the kitchen tile as well as the bathroom. We had to move out because my boyfriend is asthmatic and couldnt breathe in there. We haven’t recieved our deposit or a letter saying why. What can I do?

Asked on November 20, 2012 under Real Estate Law, Wyoming

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It would be advisable to contact the landlord in writing and request your security deposit.  If the landlord is unwilling to return the entire security deposit, the landlord should provide an accounting.  If you are dissatisfied, you can sue the landlord in Small Claims Court for the amount of your security deposit.  Your damages (the amount of monetary compensation you are seeking in your lawsuit) would include the amount of your security deposit plus court costs.  Court costs would include the court filing fee and process server fee.


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