I moved to another state, I was assured that my security deposit would be mailed to me, now I can't even get her to return phone calls. The apartment was left in better shape than when I moved in, I even had someone clean it after I left. It's only around $400, not enough to hire a lawyer, but I could certainly use the money.
2006-12-21 07:46:43 · 15 answers · asked by raysny 7 in Business & Finance ➔ Renting & Real Estate
It's been over six months and I'm over 800 miles away.
2006-12-21 15:46:39 · update #1
Here we go again...Call Fair Housing...I hope they don't hate me after all of the calls they get. I know they can help you in CA cause they have helped me. I don't know if this is a state law or fed. law but the (in CA) law requires a landlord to send you a breakdown of what you are getting back or not. They are required by law to do this within 21 (I think, maybe 14) working days of your move out. Any deposit to be returned should be received about the same time, sometimes in the same letter. If they don't do that, they are in violation. I am beginning to believe that alot of landlords either don't know this or just want to see if they can get away with not getting your money to you. A lot of people just drop it because they do not know their rights and then the landlords gets to keep the deposit.
But you can't let that happen. If you can't reach Fair Housing, then call legal aid and they will help you. You might want to call or write your former landlord 1st to let his/her know what you expect and that you haven't gotten it. Then if they don't respond or give you trouble, tell them what you are going to do about it and then do it. Call Fair Housing or legal aid. I am sure you will get what you want.
Even if they believe that you do not deserve any money back, they are still required by law to send you an explanation within 21 working days.
2006-12-21 11:27:44 · answer #1 · answered by SUSAN K 3 · 2⤊ 0⤋
If things are as you say, you will prevail in court. His excuse that he *forgot* his checkbook or didn't have it with him that day is bogus. He left it at home on purpose, as he never intended to write you a check anyways. He cannot sue you for turning off the electricity. Did he expect you to keep paying the bill when you aren't even there? Duh!!! What you should do next time though if you rent a house is when you call the utility company tell them you want the electric back in the landlord/owners name as you are moving. That way the electricity doesn't get shut off, and the landlord gets the bill. The utility company knows who owns the house and this is done all the time. As for seed or grass etc...he is nuts. You do NOT have to pay to reseed or give this guy a lawn. Check your states rules governing how long the landlord has to return your security. In some states it is 21 to 45 days, and if the landlord does not return the security or provide you a letter with a breakdown of costs and why you are not getting it back, you can sue for 3x your security deposit and win! LOL You do NOT need a lawyer to go to small claims. First, check the time frame the landlord in your state/county has to return your deposit, if he has passed this time, go file a suit.
2016-03-29 02:54:05 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You dont need an attorney. Write a letter to the Attorney General of your state, and report the issue you are having. Add that you are aware that state statute requires that the deposit be repaid promptly, and that the deposit be held in an escrow account bearing interest to you. Then make a copy of the letter, and mail to your former landlord with a note that says" If I do not receive my deposit back within 10 business days, WITH INTEREST, I will be submitting this letter to the AG's office.
P.S. Im not going away"
2006-12-21 07:52:09 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Send a certified letter with return receipt or send Priority Mail with a delivery confirmation to your landlord with a letter demanding the return of your security deposit immediately. Make sure you put in there the address where the refund is to be sent (to make sure they don't try to use the excuse of not knowing where to send it).
If you don't get a response within a week, you need to file with the magistrate for the district where you rented. Usually, the landlord has 30 days to refund your deposit or send you a statement explaining why your deposit is being withheld. In some places, you can sue for damages in addition to the security deposit.
Good luck.
2006-12-21 08:28:51 · answer #4 · answered by ramman 4 · 1⤊ 0⤋
Look up the landlord tenant laws for your state. Print them out and include them in a certified letter, with the time period highlighted. Even if she is not sending you any money, she's required by law to send you an itemized list with in 10-20 days depending on the state.
Threaten legal action if she doesn't comply with the law...and hten hope she does something before it gets to that.
2006-12-21 08:25:15 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Have a friend call her and say you are a Lawyer and she has been put on notice, if you do not get your deposit in 1 month you will take her to court...
That should work...
good luck
2006-12-21 08:32:48 · answer #6 · answered by James 3 · 0⤊ 0⤋
Keep calling. Write them a letter and send it my certified mail that you want your deposit returned in full.
You can take them to small claims court. Include travel expenses as part of your claim for damages.
2006-12-21 07:49:08 · answer #7 · answered by Plasmapuppy 7 · 1⤊ 0⤋
you dont have to have a lawyer to go to landlord/tenant court, but you would have to go back to that state.
I would suggest just threating her with the idea of landlord / tenant court. BUT they do have 60 days to return the deposit, so if it hasn't been that long...wait then call
2006-12-21 07:50:07 · answer #8 · answered by ♥Sweet Girl♥ 5 · 0⤊ 0⤋
Ask you ex land lord for an itemized list of the things that she needs to repair with your deposit. You can always take her to small claims court.
2006-12-21 07:49:17 · answer #9 · answered by stringhead3 4 · 1⤊ 0⤋
only recourse is to sue, no other way to get the landlord to pay, so how far away did you move? is it worth going back one day file in small claims very easy, then come back one more time for Court date if to far to travel then going to have to let it go
2006-12-21 08:40:35 · answer #10 · answered by goz1111 7 · 0⤊ 0⤋