I just moved out of an apartment and my past landlord has until this saturday (2 days) to return my deposit...

Question

by law. (In Minnesota they have 21 days to return it). I havent got it yet so I called him today and asked if it was in the mail.

he asked me if he could have until the end of the month to return it and I just told him that he had until saturday to legally return it. he relpied with yeah but can I have until the end of the month. I just repeated what I said, not wanting to give him an answer without knowing my all legal rights. I asked him very politely why he needed til the end of the month and he just said thats just the way the ball bounces. and said he would call me Saturday.

I was just wondering how much my court costs would be (again Minnesota) to see if its worth taking him to court over. my deposit was a little over 800 and I do know that if he doesnt pay he has to pay double for whatever he holds.

should I let him have until the end of the month or would it be worth my and my boyfriends time (who also lived with me there) to take him to court.

sorry so long!

also, he was only my landlord for just a few months because he bought the property from my old landlord and made everyone move out because he was turning the apartment into condos. SO HE KNEW HE HAD TO RETURN DEPOSITS! we all had the opportunity to purchase it but if you saw the place you wouldnt want to purchase it either. (its an old building and not hte best location) I had until Aug 6th, but moved out July 1.

Answer 1

Most states have a Landlord/Tenent's Association or Tenents Rights Association. Try information or call your closest apartment association. Any should be able to tell you. I know that in Texas if a Security Deposit Disposition isn't mailed out in 30 days the tenent can go to small claims court and get THREE TIMES what was due to them for the landlord's failure. Good luck.

Answer 2

Well it just depends on the landlord. He owes you a security deposit, but I am sure there are stipulations. If you left without having the landlord to do a walkthrough check-out and it was not documented, it may cause you a little bit of trouble. And of course, you would need a copy of that to fight on your behalf.

I would atleast ask the landlord for a written statement that the security deposit WILL be issued on whatever date you settle on. I would have it signed for sure and notorized if possible. That will give him time to pay you, while it will also keep him from coming up with reasons in court that you are not recieving the deposit. After that date, on the agreement, if he doesn't pay up then I would persue further actions in court. That will make sure you have what you need to win. You should be entitled to court costs and maybe extra.

If you go to court at this point and don't have any support that the apt was clean, no holes in walls, that sort of thing - you may risk losing. I wouldn;t chance it. I would ask for written statement that he will pay. If not payed then you got him!

Best of luck with whatever you choose. Good Luck!!!

Answer 3

I'm not a lawyer, so i can't give you legal advice. You might try calling a law firm and just asking them if they can give you a quick consult (for free) and advise you about whether or not to take the landlord to court.

For future reference, I'd take photos when moving out of an apartment, just as proof that I left it clean. I would also call and ask for the landlord to inspect and after the inspection, have him sign papers saying he plans to return the deposit and that there is no damage.

If you choose to give him until the end of the month, get it in writing. Have him meet you at a notary public's office (usually there is one at your bank that may even do it for free) and sign a document stating that he intends to pay you by the end of July, with accrued interest, at whatever percent you choose, and then put in clear terms what you plan to do if he breaks the agreement. Sign it in front of the notary and then it will be an official document (which could be used in court, if necessary).

Good luck.

Answer 4

My advice would be to find a middle ground wo/ resorting to lawyers. (Your legal fees would be more than your security deposit...plus it would take longer to get the deposit, anyway. A good rule of thumb is $250-$400 dollars per hour, and that includes the time he/she spends with you)

Saturday is the 21st, so the end of the month isn't that far away...it's only a difference of 9 days, so compare that vs. the headache you will have. Plus, you want to avoid making him mad since he could claim that you left the apartment in disarray and deduct $ from security deposit.

Instead, I would lay out the financial scenario saying legally he would owe you $1,600, but you are willing to compromise (& give him a break) if he'll pay you some amount that's in between (say $1,000...don't get too greedy because you want him to say yes). And, if he agrees, you are actually financially better than if he paid you on Saturday.

Also, make sure that he pays you for the interest during the time that he's held it. I believe he is liable for that, regardless of what state you live in. That amount should be added on top.

Answer 5

No one else has asked you a very important question.

When did you give the landlord notice that you were vacating? The question isn’t when you moved out but when the end of your rental period was. Absent a lease you were probably on a month to month rental. That would require a 30 day notice that you were leaving. Lets say that you gave your notice on the 15th and moved out in 2 weeks, your rental period would actually end on the 15th and you would owe rent through that period. I’m not sure what your state’s position is, but it may well be that the 21 day clock doesn’t start ticking until the 15th of the month (for this example).

Answer 6

I'd give him until the end of the month, he probably has cash flow issues, assuming he was a fair landlord in your dealings with him.

Also, if you sue him, you'll probably end up waiting several more months in and out of small claims court to get that money should the judge find in your favor.

If you don't get it on the first of the month, then I'd look into legal courses of action. Threatening legal action before hand may cause him to scrub your aprtment with a fine tooth comb looking to create deductions to keep a portion or all of your deposit.

Technically, you should have requested an inspection of the premises no earler than two weeks before your planned date of moving out, so that nothing could be attributed to you that didn't happen while you were in the residence.

In regards to your additional comments, he may need a little extra time in getting that money back from your original landlord, who may not have forked over that money to him as he was required to. You may want to send a letter or phone call to your original landlord to see if that is the case. The new landlord is responsible but it may not be entirely his fault.

Answer 7

without understanding what state you're from, it fairly is stressful to grant particular propose. often the owner has everywhere from 15 to 40 5 days wherein to the two return the entire deposit or deliver an accounting of deductions out of your deposit. If the owner would not deliver out the refund/accounting in line with the regulation, he forfeits the ideal to make any deductions and you're in a position to get better 2-3X the quantity in Small Claims courtroom. in many states, you're required to grant the owner your forwarding handle in writing. you may desire to look up your state's rules to confirm precisely how lots time is authorized or perhaps in the adventure that your state helps double or treble damages. despite if it fairly is previous that element allowed in line with your state's rules, you will possibly desire to deliver an approved, return receipt asked letter stressful the return of the entire deposit interior of seven-10 days and quote the regulation that applies. State that throughout the adventure that your deposit isn't back you will document in Small Claims courtroom. it fairly is somewhat affordable to document a case in Small Claims courtroom. you do not want an attorney and the owner will might desire to pay the courtroom expenditures in case you win.

Answer 8

Take him to small claims court and ask for court costs also. I hope you took pics of the apt before you left.

Answer 9

NOPE. If not in your hand by noon on Saturday, he owes ya $1600...PLUS interest AND legal fees to recover said deposit

Answer 10

Well if the 21 days are up on Saturday, then he is required to give it to you. And if he doesn't, drag his stupid butt to court.