Can I Get The Landlord To Hurry Up?
Q. A fire in the store above mine necessitated the closure of my dance studio due to water damage and the fact that it would take 4 to 6 months for building repairs. I notified the landlord that this cancels my lease (which was up in 2 more weeks) and I must seek space elsewhere. That was 2 weeks ago. He has not returned my $750 deposit plus interest I believe. How long must I wait ? Isn't there a statute as to how quickly he must return the money ?
A. Let's pump the brakes a little bit, my friend. You're telling me that two weeks ago, you told your landlord that, due to a fire above your place, you're leaving it two weeks early? And in that two weeks' time, you haven't gotten your security deposit back? I don't mean to be flippant, but really? This is your issue? That two weeks after a fire in your building, you don't have your security deposit back?
Okay, I know you're not looking for sarcasm, so here's an answer. In the case of a commercial lease, it is likely that the lease you signed contains all of the terms that apply to a situation like this, where an accident, or an Act of God, renders your portion of the commercial property unusable. Without seeing the lease, I am obviously in no position to tell you what it says, but I'm going to guess that it probably says that the landlord has 30 days to get your deposit back to you. It might also say the deposit must be returned "in a reasonable time."
As for your question about interest on your deposit, every State has different laws about what a landlord is supposed to do with a security. Since I don't know exactly where your business was located, I'm not sure which laws apply, but generally, landlords are required to deposit security deposits into interest bearing accounts, and to give you notice of the bank in which the account is located. (Again, this is different in every State.)
What I'm going to suggest is this: give the landlord another month. After all, there was just a fire in the building; he might have some things to attend to. If you haven't heard anything by then, send a nicely worded letter, by certified mail, following up on your request. I'm going to guess that, if you haven't had a response before then, you'll have a response after that.
Good luck, and be patient.
A. Let's pump the brakes a little bit, my friend. You're telling me that two weeks ago, you told your landlord that, due to a fire above your place, you're leaving it two weeks early? And in that two weeks' time, you haven't gotten your security deposit back? I don't mean to be flippant, but really? This is your issue? That two weeks after a fire in your building, you don't have your security deposit back?
Okay, I know you're not looking for sarcasm, so here's an answer. In the case of a commercial lease, it is likely that the lease you signed contains all of the terms that apply to a situation like this, where an accident, or an Act of God, renders your portion of the commercial property unusable. Without seeing the lease, I am obviously in no position to tell you what it says, but I'm going to guess that it probably says that the landlord has 30 days to get your deposit back to you. It might also say the deposit must be returned "in a reasonable time."
As for your question about interest on your deposit, every State has different laws about what a landlord is supposed to do with a security. Since I don't know exactly where your business was located, I'm not sure which laws apply, but generally, landlords are required to deposit security deposits into interest bearing accounts, and to give you notice of the bank in which the account is located. (Again, this is different in every State.)
What I'm going to suggest is this: give the landlord another month. After all, there was just a fire in the building; he might have some things to attend to. If you haven't heard anything by then, send a nicely worded letter, by certified mail, following up on your request. I'm going to guess that, if you haven't had a response before then, you'll have a response after that.
Good luck, and be patient.
posted by David Kendall at
9:51 PM
1 Comments:
Getting a landlord to hurry up is a question that is dependent on many different factors including most importantly the jurisdiction of the law that you are operating in as there are different rules in different jurisdictions.
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Ask a lawyer, at 8:55 AM
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