I moved out of my apt. on July 28, and I have done everything by the books, including sending my forwarding address via certified mail to my old landlord. I used the address where I was sending all of my rent checks - taht were, of course, cashed. However, the mail came back as "unclaimed." Now what? Will I have a case against her - or does this prove she never got my forwarding address to send the money? I live in Indiana, and we have a 45 day rule. I'm on day 37 and haven't heard anything from her. Suggestions?
2007-09-05 15:10:16 · 7 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
You need to call your LL and find out when she is sending it back. If she is claiming any portion of the money she should notify you in writing. If you cannot get any response try again and make sure you keep copies of all your correspondence including the returned envelope. Whenever you send Certified RRR you should also send via regular mail, then they cannot say they didn't get it. Use delivery confirmation so you can prove the day it was delivered.
If after that no response you can always file in small claims court for your deposit.
2007-09-05 15:21:14 · answer #1 · answered by Weimaraner Mom 7 · 0⤊ 0⤋
1
2017-01-21 23:28:31 · answer #2 · answered by ? 4 · 0⤊ 0⤋
The problem with sending something via certified mail is that the landlord probably uses the box for rent only and most likely checks it only once per month.
When using certified mail, they will usually leave the notice in the box for two weeks and that is it.
I would re-send it, and see what happens.
If that doesn't work, look up the address of the property at the courthouse and see where the tax bill is going to...then file a small claims suit for the full deposit plus any damages your state allows....some states allow TREBLE damages.
2007-09-05 15:19:02 · answer #3 · answered by Expert8675309 7 · 0⤊ 0⤋
Indiana Code 32-31-3-12 puts the burden on the tenant to give the new address IN WRITING. That means you have to prove they got it, hence the certified mail.
I'd try the certified mail one more time, if that doesn't work, use a Process Server. They're in most phone books.
2007-09-05 16:11:15 · answer #4 · answered by open4one 7 · 0⤊ 0⤋
Perhaps you can email a formal demand for return of your security deposit. This would be a lot cheaper and quicker than commencing a legal action. Lots of sites have the appropriate legal forms. Some of them include:
http://www.LeaseFormsUSA.com and
http://www.asaplegalforms.com
Good luck.
2007-09-05 16:44:59 · answer #5 · answered by abc123law 1 · 0⤊ 0⤋
pick up the phone and call and record conversation, and if your still in th area, personally take it and had it to landlord
2007-09-05 16:16:15 · answer #6 · answered by jeanniep 5 · 0⤊ 0⤋
How about a phone call?
2007-09-05 15:15:19 · answer #7 · answered by Anonymous · 0⤊ 0⤋