What legal action can I take to get my security deposit back when the time for return of funds has passed?

Question

My lease ended 1/31/07 and my landlord advised me that on a voice message that I did excellent job with the clean up of the unit and that I should be receiving all of my security deposit back hopefully with 45 days. Well 45 days has elapsed and I have left several messages on the business # inquiring as to when I will receive my security deposit. This guy has not returned a single call. He had a history of not returning calls while I was a tenant, so I am not too surprised. The last message I left him was informing him that I would have to take legal action to retrieve my funds because he refuses to return my calls and in addition to it being beyond the 45 days turn around for return of deposit. I read somewhere that it is possible to receive up to 3X the amount when the landlord does not comply with deposit return. The property is listed in this guy's name but I found out the company he says he represents is listed under someone else, and he insisted that he is not property owner

I reside in downtown Baltimore City in Maryland. One of the issues is that the # I have for the business is the same # that the landlord answers. I only found out thru reviewing public records that the business is listed under someone else. I guess I will send certified letters to both locations and go from there.

Answer 1

Don't waste any more time on phone calls or letters. File a lawsuit in small claims court against the landlord. Use the name and address of the landlord that is listed on your lease. Depending on your location you may be entitled to double or even triple the amount of the deposit that was wrongfully withheld.

Answer 2

You will need to check your list on who signed it. Only the person who's signature appeared on the list is liable to return you the security deposit. I suggest you write a letter to the Landlord and demand for the return of your security deposit within 7 days from date of that letter. You need to register the letter to ensure it gets delivered. When 7 days have lapsed and still not funds, write a 2nd letter and this time advise the landloard to return full amount within 7 days from date of 2nd letter failing which you shall not hesitate to take legal actions against him and all charges shall be charged to him until full payment has been received. Again, register the letter to ensure delivery. Keep all communications in case you need to present them in court. By the way, it is not true that you're received 3X the amount owed for delays. Instead you may impose interests on amount due to you effective day-1 its due until payment has been received.

Answer 3

Small claims court is probably a good option. In many areas, there are penalties that are assessed against landlords who play this game. The damages of 3x the amount of the deposit might be the rule in your area.

Answer 4

In my state they have 21 days to return your deposit, or an explanation of why they are not. If they do not do this within the time frame you would be entitled to 3x your deposit.
I took a landlord to small claims and won. It can be done

Answer 5

Contact the owner of the company that he says he represents. Find out the relationship if any. If they are of no help, you'll have to file suit in small claims court, name both the property manager and the owner.

Answer 6

That really does depend on your State's Landlord Tenant act post the state using additional details and I'll post the landlord tenant act links that you will need to accomplish whatever it is you decide to do according to what the law will let you do.
Buena Suerte

Answer 7

I would take him to small claims court (you should be able to do that yourself) Ask for your refund plus court costs. Nuke the weisel.