I was supposed to get my deposit refund check 30 days after I moved, it's been 3 months already, what do I do?

Question

I live in Houston, TX and I moved out of my apartment on May 6th. They told me to wait 30 days to get my refund. It's been 3 months already but I haven't get it yet. First, they told me that they sent it to the wrong address, so they put a stop payment on the check and will send me another one. Then they said that by mistake they mailed it to the apartment I moved from (I was moving out of it and they sent it over there?? sounds ridiculous and stupid!!), so....another stop payment but this time they were going to FedEx it. When I called to let them know I haven't get it, they told me that they sent it again to a "wrong" address, so I told them that they should call FedEx and give them the tracking # and find out what happened, but no, they said that they were going to put ANOTHER stop payment and they will FedEx AGAIN. This time they'll use their own address and I have to pick it up over there, but today when I went to pick it up they said that they FedEx to me, so I'll have to wait

Where can I complaint about it????

FYI, my apartment was as good as new when I moved out.

Answer 1

Ok--- one last chance for these idiots....
call them and get the fedex tracking number from them.
if they do not give it them you know -they did not send it.

so, next i would go to the court house and file a small claims case against them.

Just a note---they seem to like to put stop pays on these checks---so when you were in their office i would have demanded they put another stop pay and cut you a check right then and there.

also ---if you do receive a check --call the bank to verify funds and take it to their bank to cash...not yours.

and---call fed ex today ---just by using your address and name they can tell you if there is a package enroute to you.
(just tell fedex operator--you were told that a package was being sent to you).

good luck :)

Answer 2

You hae a nice case.. especially if you also have the postmarked envelope. You do not need a lawyer - small claims court would likely work just fine.. but if your old rental contract provides for legal costs to be paid for by the loser then go for it. Assuming you do your own work then 1) Review the law and determine what rights you have, and do your own analysis of the what was owed. If the law allows for a penalty add that in.. (you are building an invoice just like he did,). Send him a demand letter accompanied by copies of whatever proof you have that the previous owner had waived this and that. (It is HIS problem to verify it but it is also his responsibility to accept it. 2) Sum it up with a demand for payment on or before a certain reasonable date. Send it registered mail 3) No response or one that does not contain an acceptable payment. Go down to the county and file a small claims action for the amount you demanded. Have the papers served on the landlord by a process agent (that way the filings get done right and you will recover the cost if you win 4) Assemble your proof . a) The old owners acceptance. Better still get the old owner to come in and testify for you (if he says no you can still subpoena him but that is risky) b) Create a written exhibit of the time line in the return of the rental deposit. backed up by the initial receipt from the move in. c) Did you take exit photos.... print out copies Plus anything else that is germaine to the issue and goes to show a lack of response by the landlord. Practice your presentation .. it should be professional and clear. That goes over better with the court than yelling and finger pointing and emotions. go there and present your case... you only have one shot. If you lose there is no appeal. If you win he can appeal but that requires a lawyer so he may just bite the bullet. Like I said if the rental contract stipulates attorney fees, then go straight to a real estate lawyer, show him the contract and let him/her do the work. .

Answer 3

If they can Fed-Ex it to themselves, why can't they write the check and you just go over and pick it up? It all seems very odd and I suspect that someone hasn't been actually sending checks. Making all those stop payments would be expensive in my opinion and they would get it right after just one and especially after a second "mistake."

In MN (where I live) tenants have very good resources (by law) in a situation like this. The landlord in MN actually has to pay you interest on your deposit, so the longer they keep it the (marginally) more they have to pay you.

In the end, if you don't get it back you file a complaint with small claims (called conciliation court in MN) court and get a judgement which can be collected by a police officer. In Texas, after a very brief internet search (Texas tenant complaint in google) I found a .pdf from the TX office of the Attorney General: www.oag.state.tx.us/AG_Publications/pdfs/tenant_rights.pdf

It has specific phone numbers for you to be able to contact in your city.

Answer 4

Sounds like they are playing games. Will probably need an attorney to write a letter for you. That's usually about $50. They probably figure you won't do anything, so aren't going to pay you. But, when they receive the letter, it will probably be enough to make them refund it. However, I hope you took pictures when you moved out of have records (phne recordings, e-mail) that they supposedly had sent the refund (which would be your proof that the property was in good condition), otherwise they can claim all kinds of damage was done.

Answer 5

Sounds like they're stallling you. Tell them to give you the tracking number, which will show you the package progress (where it's at and how long it'll take for delivery). IF they actually sent it. Take them to small claims court, you may be able to fill the forms online; check your county courthouse for the forms. You can have any one serve them; this may scare them enough to hand a check over to you. Also, if you have access to a free legal resource. Here where I live, we have a place called Legal Aid, which assist with problems like this.

Good luck!

Answer 6

I would do some research and see how you could possibly have it get collected or maybe even sue them. Sometimes sueing them just isn't worth it because it would cost more to sue than the money you are supposed to get.
Also, I do think that they are lying to you because to put a stop payment on a check 3 times or more gets costly. At most banks it costs over $20 to put stop payments out there. And I highly doubt that they are eating those costs.
I aboslutely think you should go back over there and demand you get your money or you will take action.
Hope this helps!

Answer 7

I would file a complaint with the city government offices, even if you get the check tomorrow. Oh and by the way, go back and ask them for the tracking number. If they can't give it to you they are lying! Another thought, make a big sign and picket in front of their building!

Answer 8

Most Apartment homes report to a "Better Business Bureau" of sorts. I would check your apartment company with the BBB to see if they show up. It is also possible to seek counsel with a lawyer to find out your other options.

Next time they do this. Tell them that you have contacted a lawyer (even if you have not) and that they are illegally with holding your deposit (mistakes or no) and you will press charges if it is not resolved.

Answer 9

Tell them that you are tired of getting the run around and that if you don't have the money within 2 days, you will take them to court.

They are playing games with you and hoping you'll get tired and give up.

Answer 10

Call them and tell them if you don't have your check TODAY, your attorney will be serving them with court papers for unlawful withholding of your security deposit. Going to court will allow you to receive TWICE your security deposit, plus attorney fees and court costs.