Home, Land, Property Buying and Selling - Getting Back Security Deposit, What do I do?

I'll be as brief as possible: Live in Iowa. 1-year lease expired July 31, 2007. May 10, 2008: Emailed landlady that I was moving because couldn't get on phone after leaving 2 messages on May 8 and 9. She called me immediately. Asked her if I should give 30 days notice or did they just want me to move by June 1. She asked landlord in background, he said 30 days. Gave her verbal 30-day notice to move out by June 10 and went over letter I was typing while we talked. She said it was good, I handed it RIGHT THEN to mailman (he came by, as luck had it, right then.) Actually moved out June 2, had all utilities changed to landlord name for June 2 and 3, moved into new rental June 2 with movers doing it. (Which gives me proof if I need it of when I moved.) Talked to landlady on phone on June 9 or 10. She asked when I was moving. I said technically June 10, but was already moved as of June 2 and had utilities switched then. She said landlord had her call because of that, he was wondering what was going on. Left key in envelope taped to door of the rental house on June 12. Don't know when they got it for sure, but talked to her and met up with her at property on June 16 because I had package come there and she had gone there to show property and saw package so called me to come get it. Went inside property with her. They had carpet professionally cleaned (not in expired 1-year lease). I owed for 10 days June rent, which I did not pay, figuring they could keep it from deposit. She said I probably wouldn't get anything back because he had the carpets done, the rent for the 10 days, and he had to clean the refrigerator. (Should have been a 10-minute job, wiping it out was all that was necessary.) She also said lease says rent goes until key received (true, although lease expired almost a year before) and asked when I left it. Told her June 12. Last thing we said to each other, I asked that I would receive an accounting and remaining deposit, if any, by July 10 then? She said yes or possibly even before that. Even giving them to June 16, which would be the latest they could say they got the key because she and I were together at the house that date, it is now July 17 and I haven't heard anything, no accounting of what they used deposit for or giving me deposit back. I want to go to small claims court and/or send them a request for deposit letter. Iowa says they have 30 days to return $$ or give accounting or they forfeit $$, plus can be charged $200 above that. What do you advise I should do? Don't have $$ for an attorney, so would do this in small claims myself if I have to go that route. Doubt they will give the money over easily. Thanks!

That wasn't brief enough because I didn't understand half of what you were saying (sorry) but it sounds like you moved out a month ahead of time and didn't even pay for that full month (June). That's why they're not giving you the deposit back and why should they? That's one of the things that deposit is for, INSURANCE. Don't think you have a case.

I didn't move out a month early. I moved out exactly on time. I gave notice to vacate on May 10 for June 10, per agreement and instructions with landlady. I did actually move on June 2, but that's not the important part, I don't think. They got the key back somewhere between June 12 and June 16 and on June 16 told me that rent goes till they got key back. So even giving that to be June 16 (which is the latest it could be), I should have had either my deposit back or an accounting for what they did with it, within 30 days, as per Iowa law, which was July 16. She told me on June 16 I would have it by July 10 or possibly even sooner. I haven't received anything, no deposit, no accounting, no phone call, nothing. Even if it was "insurance" -- which in this case it isn't needed, I didn't move out early or late, gave 30 days notice per their instructions -- by Iowa state law they are still required to give me either an accounting of what they applied the deposit to OR give back the deposit.

Does that help any??? Thanks!

Also, forgot to say that they told me to pay June 1 through 10, not whole month of June, and to give them 30 days for May 10 to June 10 date of vacate, and that's what my letter regarding vacating stated. So, yes, I DO owe them the 10 days of June and don't have a problem with that, but don't feel I owe them my whole deposit, and now the 30 days have elapsed that Iowa state law gives them and I've heard nothing.

Yes, you need to file in small claims for this.