my landlord wont return my deposite?

Question

my lease ended in july , but in aug the apartment was sold .i was on a wek to week rent . i gave my week notice to the landlord that i would be moving, it been 30day from today that i moved out, i cleaned the apartment, head to toe , had carpets cleaned prof. did everything he told me to. even painted alittle. my lease stated that my deposite will be returned in 14 day unpon key returned. it been 30days, i have called about 6 times and lefted message over the last week, i have not got a single call back ,i have went to office and it has been closed. i have every returned rent check, my rent was never late, and i had no problems with the landlord...

how long should i waite to sue......

and if he has kept the money for damge or something, isn't he to mail me a paper saying he kept the full or sum money for repairs , and a list of repairs he had to keep money for ?

Answer 1

Assuming that he is claiming that he is using your deposit to pay for damages caused by the tenant.

Upon Termination of Occupancy, Landlord must send to tenant, within 30 days, a list of damages including cost of repair and a check for the difference. The notice shall include the following in twelve point bold face type at least four points larger than the body of the notice:
NOTICE - YOU MUST RESPOND TO THIS NOTICE, BY MAIL, WITHIN 7 DAYS AFTER RECEIPT IS OBTAINED, OTHERWISE, YOU WILL FORFEIT THE AMOUNT CLAIMED FOR DAMAGES

Failing to send notice within 30 days constituetes agreement that no damages occurred and landlord shall remit deposit immediately to tenant. If tenant fails to provide landlord with forwarding address, within four days of termination of occupancy, landlord is relived from sending damage notice...

Also, you must find out whether you had any delinquent rent, utility bills, or rent due from premature termination of lease...

If you fit all of these guidelines, you might want to get together with your lawyer and draft up a letter to send him (scare tactic) to see if he will give it back without going to court...

Answer 2

1. When you don't receive a return call promptly, you should CYA in writing: a polite letter requesting your deposit be returned, sent via *certified mail*. The property management company might just be busy (or lazy), but security deposit scams are not unheard of.

Per *California* law, your landlord has 21 days to fully refund your deposit or mail or personally deliver an itemized statement of deductions from your deposit to cover damage: page 50 of http://www.dca.ca.gov/legal/landlordbook/catenant.pdf

Check your state's site for links about tenant/renter's rights.See what information you can get on deposit return.

2. You should go to a public library with a good reference section and arm yourself with copies of appropriate sections of Nolo books http://www.nolopress.com/

3. Threaten to file a complaint with the Dept of Consumer Affairs (if you're in CA, if not check who it is in your state). Somewhere you can find a list of allowable deductions. A friend had a similar issue, received an itemized list and disputed it on the grounds that the deductions weren't allowed, and got her full deposit back when she presented the facts and threatened a complaint.

Go to your state here on HUD's site http://www.hud.gov/local/ and look under Rental Help. <--- I would recommend info from your state's site FIRST (but I don't know what state you are in).

If you're in California, check these out:

http://www.dca.ca.gov/legal/landlordbook/ <--- CA Dept of Consumer Affairs Handbook for Tenants

http://www.caltenantlaw.com/Deposit.htm <--- this site wants to sell you something, but there's good info

Good luck. This must be frustrating trying to set up a new home *and* handling the holidays. I'm sure you had other plans for your funds.

Answer 3

As someone who has had rent problems before, get them served with papers as soon as you can. It is amazing how landlords move or dissappear and your money does too. The landlord, not you, broke the lease by not returning the money when your key was returned and you are in the right.

I bet as soon as the papers are served, if you can find the landlord, they will return your money.

Time is of the essence.

Answer 4

I wouldn't start suing right now. Not only will you waste even more money, but many courts will likely side with the landlord.

Visit the landlord in person and explain your situation. He may tell you that he had to take the deposit because some part of the apartment needed to be fixed due to damages, etc. Keep all audio, written, and electronic communication between you two in case it actually has to go to court.

Answer 5

There are many slippery landlords out there. They generally don't pay until you take them to court. They figure most people are too busy to bother with it. They end up keeping quite a few thousand a year. It is decent tenants like yourself that are the ones who suffer. Even if it ends up costing you, take him to court and get your money. Maybe he has stuck it to others so you can go to together on it.

Answer 6

In cook dinner County, Illinois, you are able to easily have her lifeless to rights. i could think of that the guidelines are tremendously comparable everywhere, yet here she could already owe you a minimum of a hundred and fifty% of the unique deposit. In cook dinner, there's a board that hears grievances on those concerns, comparable and in simple terms as binding as a court docket, i could could ask around the city workplaces and notice if somebody can element you in the main suitable direction. the different option is to get a criminal expert and sue, or document professional se on your community courthouse. it is you cash, combat for it.

Answer 7

most likely, your deposit is small enough so you'd qualify to bring suit in small claims court (less expensive filing fees and initial costs, usually). I'd bring suit now - no sense in waiting if he's been unresponsive to date.