Question:
My landlord became extremely oppressive from the moment we gave notice. Requested a walk through on the home we occupied for almost 7 years while we were in chaos and had not had the chance to even clean yet. We left the property spotless and have not received our deposit back. We were new to town and the deposit was double what others pay. We were priced out of the area and had to relocate to an area without a shul. This is to accommodate our special needs child education. Will the local BD hold this against us. Should we go directly to Civil Court. We expected to get our deposit as soon as the landlord got his keys and the property in spotless condition.
Please help me.
This is very stressful as the landlord is a known person who doesn't want people to know is a landlord.
Can we file small claims.
Will a BD rule against a known person.
We have a contact and proof of lease
Answer:
Hello,
You do seem to be very stressed about this, and IY”H it will work out.
Although it is very uncomfortable for you or any other tenant, especially since the apartment was a mess at that time, the landlords perhaps didn’t mean to be oppressive. From the landlord’s angle on things, being that you have young children, it is understandable that he would want to verify that the apartment is still in good condition, in order to rent it out to someone else. You are good people, and you left the apartment in good condition, unfortunately this isn’t always the case. Many landlords, have a clause in the contract that they can come into the apartment from time to time to see its condition.
Regarding the deposit, there are times when the landlord will hold on to the deposit, until all outstanding utilities, (electric gas water, etc.) are paid. Did you ask him for the deposit? And what did he say? It is always better to try to settle things in a peaceful way, even though it was embarrassing for you, to have him see the apartment in disarray. Going to Bais Din is costly, inconvenient, and stressful, and if you can avoid it, that is definitely the best route.
If he doesn’t give you a satisfactory answer, after trying to settle the issue peacefully, you can threaten him about going to Bais Din. However, you must specifically go to a Bais Din and not a secular court, until after the Bais Din gives you the permission to go to a secular court. The Basi Din will not hold the fact that you moved to a different neighborhood against you, as this has nothing to do with the case itself. Additionally, they will not automatically side with the landlord, just because he is an influential person, however since he is learned, he might know of certain rules that you are not aware of. Therefore, the best route would be to take the peaceful patient route, even it is means being pleasant but persistent, about getting your deposit back.
Hashem should help that this issue gets resolved quickly and peacefully.
Best wishes
