Legal Question in Real Estate Law in Connecticut

My girlfriend lease had end at the place she was living and she moved out she cleaned the place also cleaned the carpet the landlord reviewed the place yesterday and returned her deposit. Today the landlord called and said they placed a stop payment on the check because they found spots on the carpet today. My question is can they do that?


Asked on 11/04/09, 1:58 pm

2 Answers from Attorneys

Linda Subbloie Linda A. Subbloie, Esq.

I hear this a lot: "Can they do that?" or similarly, "Is that legal?"

Many times the answer is a practical one. Who is going to stop them? There are no "legal police" out there who will knock on the landlord's door and say, unstop that check. You can't do that!

So, the answer is, yes they "can do that." The better question, is will they get away with it. Yes, probably. Unless you bring them to court by suing them, they "can do that."

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Answered on 11/09/09, 2:40 pm
Max Rosenberg Rosenberg,Whewell, & Hite, LLC

Attorney Subbloie as usual is correct. However, if you can show that the spots were already there, or that a final walkthrough by the landlord already occured and no problems were noted. You may have good cause to sue in small claims court. Furthermore, there are certain laws governing the holding of security deposits in interest bearing accounts. You may be entitled to interest on your deposit as well. Also I believe that the landlord is required to give you an itemized list of issues with the condition of the apartment within thirty days or they may forfeit your deposit. So you may have very good cause to win your money back.

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Answered on 11/09/09, 4:50 pm


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