I moved out May 31st, 2006. I paid a security deposit of $350 plus another cat deposit of $200. I paid with cashier's checks most of the summer and that is how I paid for my pet deposit. So basically my deposits equal $550 total. I lived there through my entire contract and did not leave earlier or break the contract.
Now it is August 23rd and I have not received a security deposit yet. I gave them my new address the day I moved out the same time I gave them the keys to my apartment back.
I contacted them two weeks ago wondering why I haven't gotten my money back. Their first response is that "maybe it got lost in the mail, call me tomorrow. Those checks should've been issued to you all ready."
Days pass, call back and they go, "Well we want proof of your cat deposit now and your place was dirty when you left."
It seems like they keep putting off giving me my money back. I read in MN landlords should return deposits or a letter in 3 weeks. Now what do I do??
2006-08-23 09:45:50 · 11 answers · asked by pizzagirl 3 in Business & Finance ➔ Renting & Real Estate
Oh and now they're saying that the place was dirty when I left so I may not even get full deposit back. But shouldn't they still give me a letter of receipt of what they had to fix and pay for?? It was dirty when I moved in. The people before me smoked and the blinds were covered in soot or something. I couldn't afford getting new ones for all the windows, but they told me when I moved in that they would replace them. I hardly even had a cat long enough anyway so there shouldn't be pet damage because my cat was 13 years old and died of a tumor. Can cashier's checks be tracked of who cashed them if I return to where I got them to find out. I got it at Walmart.
2006-08-23 09:47:59 · update #1
I have that list of all the issues with the apartment that the landlord signed.... the one where the landlord gets the copy and I do too of if things were satisfactory or not. I have that...they just aren't doing anything about my deposits or even telling me what they spent the money on and why they are witholding my check.
2006-08-23 09:56:12 · update #2
You should have kept a receipt. And when you move into a place you have to note what is wrong with the place and have both you and landlord sign it so you both acknowledged it. Youve gotta cover your rear.
2006-08-23 09:50:38 · answer #1 · answered by vanman8u 5 · 0⤊ 0⤋
See if you have the reciepts for the cashiers checks. That will be proof enough that you have paid those deposits. Most times when you are dealing with a "lower class" rental community the people there have really bad attitudes and most times they will tell you anything to stall you because they really dont feel like being bothered with doing their job.
I had a similar situation where my apartment had carpeting that was filthy, ripped and patched in many places on the day that I moved in. It looked pretty disgusting and I had asked to have it replaced several times. To make a long story short, they never replaced it. When I ended up moving out 5 years later they didnt want to return my deposit because they said that the carpeting was brand new when I moved in and now its destroyed. After going through many hassles and red tape, they discovered that they had made a mistake. Somehow they figured that I should have had proof that the carpet was never replaced.
Sometimes you can really get screwed over when you trust them to do the right thing.
2006-08-23 09:57:21 · answer #2 · answered by Joe K 6 · 0⤊ 0⤋
According to MN law (504B.178, Subd. 3, 4 and 7) the landlord is required to return the deposit, or a written, detailed accounting of the deposit, within 3 weeks. If you sue and the judge determines that the landlord wrongfully withheld the deposit then you will be entitled to double the amount withheld plus $200.
File a lawsuit immediately. Don't waste your time calling or sending letters.
2006-08-23 12:41:30 · answer #3 · answered by Anonymous · 0⤊ 0⤋
First, usually deposits are only about 50% refundable...read your lease.
Second, they are LEGALLY REQUIRED to tell you within a set time period (14 days or something like that) an itemized list of why you are not getting your deposit back, or send you the check. "dirty" is not generally an acceptable reason, unless they can prove that it took extra work. They are already required to clean/shampoo carpets.
THEY need pictures to prove that it was dirty....but YOU should have taken pictures when you moved out too.
Send them a letter by certified mail that details( exact dates of move in, move out, and inspections) the exact deposit amounts (with photo copies) and demanding for either an itemized list of why did not get a refund, or a check in the full amount.
2006-08-23 10:16:29 · answer #4 · answered by Anonymous · 0⤊ 0⤋
in CA there is a similar law that requires a landlord to return security deposit with 20 days or issue an itemized list of deductions. If the landlord fails to do so take him to small claims court. Here, if the landlord withholds the deposit in bad faith he is liable to repay triple the original deposit. Check to see if your state has the same penalty. then document all the times in which they put you off and take'em to court if need be.
2006-08-23 09:51:20 · answer #5 · answered by Spaceman 6 · 0⤊ 0⤋
Every state has procedures that landlords must follow to retain any part of a damage deposit. Suing for tenant deposits is one of the leading categories of small claims suits. In many cases, a landlord who wrongfully withholds tenant deposits is liable for the tenant's attorney fees and expenses. Some lawyers make this a regular part of their practice. Either research the local law & do it yourself, or look in the yellow pages or call your local bar association referral service for lawyers who list or advertise they do "landlord/tenant" cases.
2006-08-23 10:36:30 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Did you keep the copies of your cashiers checks? Did you have the landlord inspect the apartment when you left and verify it was clean? Did you take pictures when you left to prove it was clean? If not, you will find it difficult to get your money back because it will be your word against theirs.
2006-08-23 09:48:50 · answer #7 · answered by WendyD1999 5 · 0⤊ 0⤋
They should have to prove what they used the money for. An itemization letter should have been sent. They can't just keep your money. You need to find your receipts for the money orders. It sounds like you need to go to small claims court in order to get your money back.
2006-08-23 09:55:11 · answer #8 · answered by marie 7 · 0⤊ 0⤋
take them to small claims. By law, they have to furnish an itemized list of deductions within a specific time frame.
Regards
2006-08-23 20:03:11 · answer #9 · answered by Anonymous · 0⤊ 0⤋
they did the same thing to me and they actually ended up billing me. i left the apartment spotless and still they charged me 300 dollars more.
yes they need to send you list of everything they repaired. by law.
2006-08-23 09:48:17 · answer #10 · answered by Anonymous · 0⤊ 0⤋