I moved out of my last apartment at the end of last month. I gave my former apartment manager my forwarding address on July 11. Its been over two weeks and she has not sent me anything regarding the status of my deposit. In my state, the statute states that if she doesn't send me written notice within two weeks something stating what amount, if any, of my deposit I will be getting back, she forfeits all rights to the full amount.
I"m planning on sending her a letter stating that the two week period has passed without receiving anything in the mail, and now I"m going to take the position that I"m legally entitled to the full amount of the deposit.
Is the letter the proper first step? What would be my next step?
2007-07-27 23:30:28 · 3 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
I live in a state where the statute states:
"...Every lessor of residential premises shall, within two weeks after the termination of the tenancy and receipt of the tenant's mailing address or delivery instructions, return the security deposit to the tenant, or furnish to the tenant, a written statement showing the specific reason for the withholding of the deposit or any portion thereof...Any lessor of residential premises who fails to comply with this section shall forfeit all rights to withhold any portion of such deposit."
In talking with Consumer Affairs Dept. I was told it doesn't make a difference what the reason would be why the landlord would keep the deposit, if this statute isn't complied with, the landlord forfeits all rights to it. I did talk with the landlord on July 11, to which she stated I would get the deposit back. I'm planning on calling her on Monday to inquire about it, but I may not mention the statute, I'll just see what she says before I send the letter.
2007-07-28 18:17:54 · update #1
Yes send a letter if there is no response take her to small claims court. Take her to Judge Judy and us in the UK can watch
2007-07-27 23:47:35 · answer #1 · answered by davetumalty 4 · 0⤊ 0⤋
Why don't you call the landlord before you go rushing to the courthouse? Did you leave the apartment in immaculate condition? If not, you should feel guilty taking the whole deposit. Try to get in touch with the landlord by phone. If that doesn't work, try the letter.
2007-07-28 16:11:21 · answer #2 · answered by VOLLEYBALLY 4 · 0⤊ 0⤋
If in fact your state's rule is 2 weeks then you are entitled to a full refund of the deposit. Most states are 30 days, however, and since you didn't say which state you're talking about it's not possible to verify what the correct standard is.
2007-07-28 01:10:45 · answer #3 · answered by Bostonian In MO 7 · 0⤊ 0⤋