Need LEGAL advice about obtaining my deposit from my last landlord?!?

Question

The last place I rented was HELL.They sold the places to a developer to "remodel" as condos to be SOLD not rented. We went thru a construction nightmare, the office staff were idiots and tried to pretend like we all didn't exist.THANK THE LORD, we were released from our lease due to LEGAL means(we supplied the landlord with adequate proof of why we should be released from lease WITHOUT PENALTY(in certified, return receipt requested letter)and received written permission to do so from landlord. So, I should be thanking my lucky stars,but- we again had to come up with deposits, moving costs, etc-after only living there for 6 months!! The problem is this-now, its been 30+days since we've moved out, and haven't received our deposit back in the mail yet.The office lady says they have no proof we actually paid it!I can easily receive copies of the checks from my bank and prove that we did.So do I have a case to take them to court and win more due to their bad faith or should I just give up?

Answer 1

Don't give up. Take copies of your documentation to them and explain everything. Tell them that they know, just as you know, that you are owed that money. Your deposit was transferred to the new owner upon the sale of the unit. They know this too, they are bullying you. A real estate transaction has a list of debits and credits for both buyer and seller for things like rental deposits, taxes, etc. Your deposit is written on that closing statement as a credit to the buyer.

Tell them, in writing, you expect to receive your money by a certain date or you are filing a judgement against them.

Then, you simply take it to your local court and they will serve them with papers asking for proof that they do not owe the money. The new owner will have a specified time to respond, usually 20 days. No response is an automatic judgement against that property, with interest and reimbursement of your expenses, which are minimal. If they respond, they still have no proof and you will win anyway.

They must pay it or it accumulates intesest to you until they do. It puts a lien against the property, which must be paid before the sale or it transfers to the new owner. If he is trying to flip these places it will be a problem for him. Getting your money is easier than you think. Just ask someone which office to file the judgement in.

You shouldn't have to even miss an hour of work or ever go to court, and it won't cost much to file.

Answer 2

Still a little fuzzy on the manner you were allowed to break the lease. Usually if you break the lease, even for a valid reason, you automatically lose your security deposit, but they won't come after you for the remainder unpaid rent on the term of the lease. But if your written agreement to break the lease included a stipulation that your security deposit would be returned I suggest you first write the landlord a registered letter explaining that you haven't received your deposit back with full contact information and proof that it was paid and that if you fail to receive correspondence about this matter you will be taking them to court. If you don't hear anything in two weeks, small claims court awaits ...

Answer 3

The laws governing security deposits are detailed and are controlled by state, county, and local statutes. It is a good idea to read each of these relevant laws in their entirety.
In general, a landlord may keep a security deposit or a portion of it to cover damages “beyond wear and tear” caused by the tenant. The landlord loses the right to keep the deposit for damages if certain rules are not followed. These include but may not be limited to allowing the tenant to be present at a “move-out” inspection, providing a written list of alleged damages within 45 days, and returning the deposit or portion owed, with interest required by law, within the 45 day period. Landlords may also keep the deposit to cover rent or bills that the tenant owes but has not paid. If possible, get your landlord to include language about the return of the deposit in the lease, following these guidelines.
Tenants may sue a landlord who keeps all or part of a deposit without following the above rules. Tenants can also sue where they dispute having caused the claimed damages, dispute the reasonableness of the charges, or deny owing rent or bills. When you read the state and county Security Deposit Law, you will see that tenants are allowed to sue for up to three times the amount of the wrongfully withheld portion of the security deposit. Be aware, however, that judges infrequently grant such “punitive damages.” As a practical matter, many disputed security deposit cases can be resolved without having to go to court. We encourage you to consult with our Office or with another legal service provider of your choice if you have a particular question, problem, or dispute regarding a security deposit.

Answer 4

as long as you have proof you paid your deposit you can take them to court. first send your previous landlord a certified letter stating it has been well over 30 day's to recieve your deposit back. tell him you will allow him 3 day's to return your deposit or you will take him to court to sue for your deposit."this will throw a little scare in him". if after 3 day's you still don't recieve your deposit go to the magistrate court and they will explain what your next step is. you can sue for deposit, court cost.

Answer 5

Get those copies of the checks that you used to pay your deposits and then show them to the company and demand your money back. "You said that I needed proof I paid them, and here is the proof." If they don't listen to your arguments then demand to see the manager and then demand to talk with their boss. They are hoping that you will get tired and just go away.

Yes, you could go to court and probably win the case, but I am not sure if you want to waste your time with that, but it is still a valid threat. However, make that threat as a last resort.

Answer 6

if you can prove you gave a security deposit, then wait the allotted time for your state to return it, then sue them in small claims for double the amount illegal withheld