Our landlord kept our security deposit illegally?
May 20th, 2011 | 
Author: My roommate moved out at 11 pm on Friday July 30 we payed for the full month of july for the apartment now they are keeping our security deposit how do I get my deposit back do I have to consult an attorney or is there some other way?
our lease was up in aug we paid for all of july
Posted in Landlord Tenant Law
Why did they keep it?
How long they have to return the deposit or give you an accounting as to why they are keeping the deposit depends on state.
Also, unless everyone has moved out (not just your roommate) then the deposit is not due to be returned.
“our lease was up in aug we paid for all of july” If you mean at the end of August you owe for August as well. If you mean the beginning of Aug then they still have some time to return it. I don’t know of any state that requires them to return a deposit or account for why it is withheld in less than 20 days.
An action for breach of contract.
They generally do not give it back automatically, sometimes it can be a few weeks.However if you left the apartment in bad conditions they have the right to keep it.If you had nail holes,stained carpet,holes in wall, apartment not cleaned (such as refridgerator,stove, bathrooms.Most of these they would only take a perccentage out.If none of these are the case then you need to find out from them why.If you do not agree then file a complaint in writing,contact the actual owner of the property. and then file a small claims.
The security deposit is to cover any damage you may have done to the apartment. On the day you moved out you should have had a “walk through” with the landlord so you could defend any damage that you did not cause. Now that landlord will check the apartment and use the security to fix any damage and if there is any money left return it to you. This should take at least a month.