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Know Industry Regulations: Soldier in Iraq gets security deposit back

Called up for service in Iraq before moving into his new apartment, a college student was stunned his landlord did not give back his full $400 security deposit.

The landlord didn't give proper and timely notice of deductions from the deposit, claiming the security deposit was being used to pay a subletting fee. Since the soldier had not moved in, attorney Joe Veenstra argued the apartment was not sublet.

"The landlord had more than two months to find another tenant. There was plenty of notice and no loss to the landlord," Veenstra said.

After multiple unanswered calls to the landlord seeking compromise, Veenstra sued. Found in default for not appearing in court, the landlord was ordered to pay double the security deposit plus attorney fees and court costs.

"While the soldier being in Iraq didn't make a difference, this case reminds landlords to be reasonable," Veenstra said, adding, "An attorney can help either the landlord or tenant by explaining what the law allows in a landlord/tenant contract."