Can't get rent deposit back from landlord?

• I rented a room at this lady's house. I gave her 1 month rent as deposit upfront. We're going month by month, no lease. I gave my notice earlier this month that I'll be moving out Jan 1 so she can look for a new roommate. Last week, we get into an argument about her son staying over and invade my space and she literally kick me out. I then asked her for refund on my rent since I already paid for this month but only live there 2 weeks along with my deposit back. She then said that I can stay until the end of the month because she has no money to refund me back and we'll talk about the deposit later. Well, I found a place I can move in immediately, but I also need to put down a month deposit. I told her I don't care about the refund of the rent anymore but I need my deposit back to put it down in my new place then I'll move out right away, she said she has no money & not going to have it until she found a new roommate & that person give her their deposit… What could I do?

• Answer:

  As long as you gave her 30 days notice, your are within the terms of your verbal lease. You do not get your deposit back until after you move out. The whole purpose of a security deposit is for the landlord to repair anything the tenant left in dis-repair. The landlord then inspects the property, makes an itemized list of needed repairs, gets estimates, or has the repairs made and deducts that amount from the security deposit. This itemized list must be supplied to you within 30 days with the remaining balance due you or a bill for needed repairs that you security was not large enough to cover. If you didn't give notice before Dec. 1, than you did not give thirty day's and she can charge you for the number of day's (if you told her on 12/5 then you owe til 1/5) , or the whole month of January depending on the way the lease is written or your verbal agreement. Usually if you give notice on 12/5 you owe until 1/31. If you give notice on 11/31 then you owe until 12/31. Sounds like you created the confrontation ( doesn't seem like she would start an argument with you about her son staying over, sorry in advance if I'm wrong ), you are renting a room, unless he came in your room he cannot invade your privacy. You privacy is limited to the room you rent with the door closed. You legally are entitled to nothing if you move out early. Sorry but in the future you need to read and understand your lease before you sign it and DO NOT rent without one. Additional info answer: Yes you should get you deposit back by the end of Feb., but I don't think she'll give you any rent back, which she doesn't legally need to. You agreed to her children using the room originally. Basically that's part of your verbal agreement, no one stated what the lenght of a visit was. Again a written lease protect's both parties. The kicked out part is "she said, you said" which is what would happen in court. Your gonna say her son made it impossible for you to live there, and she's gonna say that the argument made it impossible for her to live with you, she didn't have you evicted, she told you to leave and you chose to leave ( probably in the heat of the moment on both your parts). Sorry for the bad news.