20-Jun-2008 2:25 PM -- Anonymous
I've lived in the same unit for 10 years and will be moving soon. The current landlord is the 2nd owner/landlord of the property (as of 5 years ago).
5 years ago, after months of attempts, I did ask and get a letter from the current owner confirming he did receive my security deposit at the closing from the 1st landlord when he bought the building.
However, I know that he did not receive a copy of the original landlord's rental documents that included a statement of condition. No new statement of condition was created when he took ownership.
Also, I cannot locate my copy of the original statement of conditions. There was some missing items/damage when I moved in 10 years ago
Given this situation (lack of documentation about the original condition) does the landlord have any legal right to keep a portion of the deposit for damages?
He probably has a inspection report from 5 years ago, can that be used as evidence even though I never signed off on it ? For example, when I moved in there was a 8 inch hole in a wall that I had a heavy wardrobe in front of that the home inspection probably didn't catch.
21-Jun-2008 6:21 AM -- The Editor
Without the condition statement it will be tough for the LL to convince any housing court judge to allow him to keep the sec. deposit (unless it is for some other purpose, like back rent.)