6
votes
What kind of "theft by..." is it when someone refuses to return deposit?
This is not theft, this is a contract dispute. You gave them money, they promised to do certain things, the contract says what that is. I surmise that they wanted a deposit to cover their costs in ...
- 209k
5
votes
Does paying damages waive my right to sue?
There is, in general, a rule that all matters connected with a single transaction or event should be included in a single legal case. Different jurisdictions apply this diffidently, and I haven't yet ...
- 113k
3
votes
What is acceptable use of security deposits?
What does the lease say?
The deposit was collected for a reason, what was it?
Whether it can be used to effect repairs and to what extent should be spelled out in the lease.
- 197k
2
votes
If a tenancy deposit is paid by one other than the tenant (ie, a Relevant Person), who does the deposit less deductions get returned to post-tenancy?
The Housing Act 2004 requires that the deposit is returned to the Tenant, thus you return the deposit to Timothy, and what happens after that is between Raphael and Timothy.
- 1,000
2
votes
Accepted
How does rental income garnishment work?
In California you would engage the assistance of the local Sheriff. You would provide your judgement and instructions to the Sheriff and they would serve the tenant. The tenant would then pay the ...
- 9,225
2
votes
Accepted
Small Claims court fee in the USA as a plaintiff — is it acceptable to ask for a refund from the defendant?
But if I do file a claim and win, is it normal in a Small Claims court
in the USA for the plaintiff to ask not only for a refund of the money
that was taken unduly, but also for the defendant to ...
- 194k
2
votes
Planning on signing a new apartment lease - can I get back a nonrefundable holding deposit due to natural disaster (i.e. COVID-19)?
No.
Force majeure does not change contract terms (e.g. making a non-refundable deposit refundable). Rather, it allows parties to get away with not performing their obligations where circumstances ...
- 25.5k
2
votes
Do automatically generated notifications from deposit protection schemes' own computer systems adequately fulfill landlords statutory obligations?
If they provide the required information within the required time
The “landlord … must give the tenant” does not imply that the service must be done personally. So long as the landlords actions cause ...
- 197k
2
votes
What is the adjudication process for resolution when a paid tenancy deposit has not been properly protected?
In England & Wales, tenancy deposits are governed by the Housing Act 2004, specifically Part 6, Chapter 4, sections 212-215C. References below are to that Chapter of the Act.
what if there is ...
- 3,127
1
vote
Accepted
What legal rights do I have after paying a deposit for some building work?
Legally, yes
At this point you have a legally binding contract. If the builder does not finish in a reasonable time, you can sue.
Practically, no
If the builder is a crook then it’s not worth engaging ...
- 197k
1
vote
What is acceptable use of security deposits?
Question: What, if any, bright lines exist regarding whether a repair
is reasonable after the tenant moves out?
In particular: repairs to surfaces such as ceilings, floors, walls,
bathroom fixtures.
...
- 194k
1
vote
How long does a contractor or retailer have to complete a project after a deposit is given
The agreement between A and C should specify a due date for the job to be completed. If it does not, the standard is that it must be done within a "reasonable time" which depends on the ...
- 113k
1
vote
Accepted
Must a deposit be reprotected for each successive tenancy, even if both the tenant and property remain the same?
No. If the landlord, tenant and property remain the same, and all the rules were followed for the original deposit, then no further action needs to be taken. This applies however many times the ...
- 3,127
1
vote
Refund on deposit day after signing order for
A consumer may be entitled to a full or substantial refund of a large "non-refundable" deposit on a purchase of goods when the order is promptly canceled.
Consumer Rights Act 2015
Under ...
- 113k
1
vote
Cancelling an agreement before anything has been signed
In English law, one of the requirements of forming a contract is the acceptance of an offer.
Since the contract was never signed (and assuming there was no acceptance of the contract communicated in ...
- 6,131
1
vote
Can tenants in Arizona be required to professionally clean after agreement to break lease?
The Residential Landlord-Tenant Act of Arizona is here, for reference. There is a provision for a move-out inspection, but that pertains to damage claims (holes in the wall, etc). See §33-1310(14), ...
- 209k
1
vote
Can this 7% annual interest penalty on NJ security deposit be applied after the lease has ended?
No
The wording is clear "the tenant has the right to require that ... be applied toward any rent due" - if there is no rent due (i.e. all rent has been paid) then the tenant has no such right.
...
- 197k
1
vote
In Oregon, when can my landlord deduct carpet cleaning from my deposit?
Paragraph (a) is the stuff that applies generally, where paragraph (c) would append or modify (a).
ORS 90.300(7)(c) seems to append carpet cleaning to the items covered in ORS 90.300(7)(a).
So it ...
- 121
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