Difficulty obtaining my security deposit?

Question

I moved out of my apartment on Nov 5, 2007. Since moving out, I didn’t hear from my landlord for 3 weeks. I called him to inquire about my security deposit and to remind him about the 30 day timeframe by which he had to mail it.

On Dec 3 I received a notice from the USPS notifying me of a certified letter which they attempted to deliver. I assume that this certified letter was from my landlord. I visited the post office the next day to retrieve my certified mail, however I was told that they could not find the letter. I was given the number to the office where the mail is sorted and I called them. I spoke with them several times over a week and the letter is still lost.

I notified my landlord about this on Dec 11, but have gotten no response from him.

Since I notified him about USPS losing my security deposit, is there an amount of time defined by law by which he must resend my security deposit? Or can I sue him since I never received it within 30 days in the first place?

I'm in PA.

I felt that I left the place clean (wiped down the walls and vacuumed) but when he responded to my initial inquiry about my deposit, in his voice message he said that he did deduct some money for cleaning as well as the few days late I had moved out. (I was supposed to be out on the 1st of Nov., but since my new apt wasn't yet ready, I wasn't able to fully move out until the 5th).

Being charged a few days rent was expected.

When he left his voicemail (mentioned above) he did say that he would place the letter in the mail. That's my only indication that the cert. letter could have been from him since he hasn't returned any of my phone calls, email, or fax that I sent him notifying him about the lost letter.

My frat brother who is a lawyer told me that since I have "constructive knowledge" that the letter was sent to me I can't sue him under the Landlord Tenant Act. I don't understand how this affects the fact that I still never received the security deposit.

Suppose the post office NEVER finds the certified mail. Am I supposed to wait in limbo until my landlord decides he wants to send a new check? He hasn’t responded to any of my correspondence. I can’t help but wonder if he somehow had something to do with the certified mail getting lost. It’s all too convenient for him.

I guess my question is, what is my landlord’s obligation now knowing that the security deposit has been lost in the mail?

Many thanks for all the replies. The only reason for my paranoia is the fact that my landlord has been shady in the past.

I will continue to speak with the post office and try to get something documenting the certified mail being lost.

Once I get it, I will mail it certified to my landlord. If I still get no response from him, then legal action may be my only choice.

Answer 1

A security deposit mailed is considered delivered. It's not the landlord's fault that the USPS somehow misplaced it. Your frat brother is correct. You can sue him, but you won't get anywhere.

Doubtless the landlord has proof of the mailing, and that's all he needs as a defense should you decide to sue him.

Answer 2

with a statement like "I can’t help but wonder if he somehow had something to do with the certified mail getting lost. It’s all too convenient for him." I think you are being a bit paranoid...... tampering with the mail is a federal offense.

Anyway, look at it from a third party point of view...name the third party will be a judge should you decide to sue him.

Judge to you: Why are you here
You: "I never received my security deposit returned to me after I moved out".
Judge to landlord: Is this true? Did you withhold his security deposit and not provide a statement of account within 30 days?
Landlord: I mailed the statement out, along with a refund for the unused amount. I even sent it Registered mail and here is my proof.
Judge to you: and you never received this?
You: "Nope, never did"
Judge to Landlord: Was the check ever cashed?
Landlord: Nope, it never was
Judge to Landlord: "OK, pay him the amount you owe him. No penalties since you tried in good faith to follow the law.

I think a much easier process would be to try and work nicely with your landlord and let him know the post office lost the letter. Maybe the Post Office can give you something in writing that the letter cannot be found? The landlord will want to cancel the check and issue you a new one.

Good luck!

Answer 3

No you cannot sue him . He has proof that he sent the check and if the usps lost it, it is up to them to either find it OR after their investigation, replace it. But they also have their protocal for claims. As of right now, the landlord is out of this. Its in USPS hands. There is no time limit for USPS to process a lost check as far as I know. So, just hang on.
Why, when knowing he had 30 days to send it out anyway, did you call to "remind" him after 3 weeks? He had until Dec 5 to send it out.
He did his job, now USPS needs to do theirs. Especially if it was insured. You talk about red tape. And not from the landlord either. Keep talking to the post office. That is where your money is coming from, not the landlord.

Answer 4

I had the same problem, I think a lot of people do, first of all was the apt ok after u left? was there demage? U can go to the small claims court they should help u out, and see if it's worth ur time? I never got my money back, and the apt was clean when I left it, the landlord was a jerk, I found out I wasn't the 1st one he ripped off. Good luck w ur case!

Answer 5

acermill is correct.

Your landlord fulfilled his obligation by sending the accounting per your state's landlord/tenant laws. He has proof of mailing.

The post office losing the certified letter is on them, not the landlord.

The letter will eventually find it's way to you or be returned to the landlord.

Answer 6

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Answer 7

You can sue him now because it's over the 30 days. I would call my local court and ask them if they have a landlord/tenant guide and if they do, I'd go pick it up. That book will guilde you through what you need to do from here on out. I don't know what state you're in to help you more.

Good Luck with everything!

Answer 8

If the deposit was in fact lost, see if the landlord will cancel that check and reissue you one.

Answer 9

i would tell u to speak to a lawyer for advice sweety, but i would definitely find out for sure if ur landlord actually sent u the sec. deposit in the first place because by law he cant go past that 30 days. i'm pretty sure that u'll have a good case on winning this one.