I moved out of this particular house in July 2007. At the time, the landlord (who lived at the same house) was out of the country. I was told I would get the security deposit ($400) back when he arrived back.
He returned in September and then informed me that he did not have the funds because the account he put it in was drained on house repairs that did not involve me and would give me a check when it became available. Over the last few months, he has kept telling me the same story. This guy does not have a job and makes money off of freelancing computer projects.
At this point I am finished being patient and he won't answer any e-mails or phone calls. I am stopping by the house one more time tomorrow.
Should I get a lawyer for this matter even though it's small claims? I am unaware of the interest rate I WOULD have received. I live in Maryland.
2007-12-03 12:00:45 · 28 answers · asked by confusedbrainchild 3 in Politics & Government ➔ Law & Ethics
I should also mention I do still have a copy of the lease, reciept from the deposit, and e-mails from him. I'm trying to find a way to get copies of text messages also.
Another roommate at the house moved out about a week after me. As far as I know, he still hasn't received his deposit back either.
2007-12-03 12:31:31 · update #1
small claims and go to the fair housing in your area.
2007-12-03 12:03:51 · answer #1 · answered by tmadilly 1 · 0⤊ 0⤋
I would write your landlord a letter, date it and tell him that if you don't receive your security deposit within two weeks that you will be hiring an attorney and he will be liable for attorney's fees, lost interest as well as the deposit plus any other expenses in trying to get your deposit back. Send it return receipt so that he has to sign for it. During the two weeks find a bulldog attorney that will only charge if he wins. Your landlord will come up with reasons why you did not get your deposit back. While it is fresh in your mind, write down what you said, what he said and when it was said so that you can keep it straight in your mind should some time pass. Anything you have that proves what you are saying or anyone that heard the landlord say any of the above keep handy. If worse came to worse, find an attorney that will sue him for the deposit. Better the attorney have it than the landlord. $400 doesn't get much bang from an attorney. Find out if the attorney general of your state can help you. He or she will go after people that are breaking the law for free but I'm not sure under what circumstances. Then there is small claims court but even if you win, you still have to get him to pay. Lots of luck.
2007-12-03 12:12:00 · answer #2 · answered by towanda 7 · 0⤊ 0⤋
You don't need a lawyer. IN Maryland the landlord has 45 days to return the deposit. Since, it is clearly passed that amount of time you are also entitled to the FULL deposit regardless of any damage that you did to the house (if any).
The interest rate for Maryland is 4% a year.
Just take your landlord to small claims. If you do choose to get a lawyer make sure to sue for attorney fees
Good Luck!
2007-12-03 12:11:14 · answer #3 · answered by Bailey 3 · 0⤊ 0⤋
The landlord is required to refund the security deposit promptly, in exactly the same way that the tenant is required to pay the rent promptly.
However, for a small amount ($400 is small as lawsuits go), it may cost you most of the money to get it back.
In Canada, for example, it costs $125 to file a smalll claims action, and about $100 to go through the Residential Tenancy Office.
In the US, I expect that rental stuff is a state matter, not the city. Check with your state government, and ask for advice about the best way to handle this.
I would not be too optimisitic, if I were you.
2007-12-03 12:08:02 · answer #4 · answered by Pagan Dan 6 · 0⤊ 0⤋
No need for a lawyer, small claims court should be fine. Just send him a letter stating very clearly in writing that he has x amount of days to pay you what he owes. Spell out how much he owes you and give an exact date -- "7 days from the date of this letter" is a good number. Then, if you don't have a check in your hand on that day, file a small claims action.
2007-12-03 12:14:37 · answer #5 · answered by Hillary 6 · 0⤊ 0⤋
Security deposits are not always refunded. Owners frequently keep part or all of the deposit and claim it was used on repairs to the house.
You should not need a lawyer for it since they will charge more to help you than you would ever get from the owner. Go to your local courthouse and ask them for the paper work to file a small claims lawsuit against the owner.
2007-12-03 12:05:51 · answer #6 · answered by Auto Schlussel 3 · 0⤊ 0⤋
This is small claims only. They will not give you interest, most likely, and most likely it will be difficult if not impossible to collect, if he doesn't have it.
But, file a claim in Small Claims Court. The notice to appear might, alone, be incentive enough for him to come up with the money. It doesn't cost much to file, but then you have to serve the paper or pay someone to do it. Is $400 worth it? If do, then that is the only option you have.
2007-12-03 12:06:30 · answer #7 · answered by Anonymous · 0⤊ 0⤋
I don't know the interest rate in Maryland either, or if you will be able to collect interest since it is a security deposit.
The question is did you get in writing that you would get it back? I've heard of some who keep it.
What you need to do is find a lawyer(sp?) close to where you live and ask him if it would be worth it. If he says yes then go around to all the lawyers and see what their rate is.
2007-12-03 12:10:54 · answer #8 · answered by Melissa T 1 · 0⤊ 0⤋
You should go to the magistrate judge who has jurisdiction over the neighborhood and file for a hearing. Usually you do not need a lawyer to do so. You will be charged around 100 bucks in court costs, but if you win, the landlord will have to pay you the money and pay the court costs for you.
2007-12-03 12:07:40 · answer #9 · answered by jjhavokk439 2 · 0⤊ 0⤋
For $400, a lawyer might not be feasible. But you can sue in small claims court for about $50. But even if you win the case, you still may not collect.
2007-12-03 12:07:37 · answer #10 · answered by BC 6 · 0⤊ 0⤋
Sounds like you could take him to small claims court if you have the documentation. Check with a local legal aid organization.
Only a lawyer can give you
legal advise. I am not a lawyer.
2007-12-03 12:05:41 · answer #11 · answered by Citizen1984 6 · 0⤊ 0⤋