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jambandfan | Can't get rent deposit back!? |
After my lease ended last Oct 31, I bought a house and moved into it. I was a good renter, always paid on time, and cleaned the house thoroughly before turning in my keys. I still haven't received my $800 deposit back. At first he said he would give it back when he rented it out again; but when it didn't rent he put it up for sale (it hasn't sold yet) and now he tells me he doesn't have $800 to give me.
He lives in a very nice house, has his kids in private school, and even recently built a vacation home on some island (Bahamas or Jamacia). I know about his house because in order to not be late I personally delivered his rent check there once; I know about the vacation house because I tried to call him about a problem at the house and that's where he was; and I know about the kids because of his sob story about why he has no money....
I don't care, I want my money! Is there any way I can make him pay me? It's been nearly 6 months!!! |
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Boomer
|
I have a lot to say about this and I know what I'm talking about.
To begin, lets erase your landlord's other personal properties such as his Island home and his personal family situation. There is no relevance to that in regard to you.
First, your owner should have filed a W-9 in order to be a lessor. If he did not; he is violation of tax codes. Secondly, your security deposit must have been deposited into a separate bank account as escrow and separate from his personal bank account. Third, you should have been provided with a lease agreement that disclosed that the security deposit is held in such bank account and the details of the reasons that it may or may not be refunded to you. Typically cleaning fees such as steam cleaning the carpet are deducted from this deposit, but at the same time should be disclosed in the rental agreement.
In the rental agreement, it should state the terms of you moving out. Either 30 - 60 days notice is common. If you did that or if your lease automatically expired due to the language of the lease, then you would be due your security deposit, less damages that do not include normal wear and tear.
You indicated that you turned in your keys and that the unit was clean. If that is the case and inline with the contract, you should be due the deposit. If the owner cannot pay you because he "claims" that he doesn't have it, then he is violation of laws that demand that such deposit must be held in escrow. The funds should be available and he is not allowed to spend those funds for any reason whatsoever.
The apparent fact that he has not rented the unit is irrelevant and is his problem alone. It has no bearing upon your deposit and because he says that he doesn't have the money is no excuse. I would advise you to contact the Department of Housing in your area or even on a federal level. You are now due your deposit plus interest on that money.
Your landlord has broken the law as deposits for rentals must be returned within 30 days of vacating. If you are not due a return on your deposit for reasons of damage, he must inform you in writing within 15 days of you leaving the property. I will assume he has not done this. Your last resort, which should not happen is to take him to small claims court. He will lose and have to pay your deposit plus your attorney's fees. If you must, consult a lawyer on a free consultation situation. I suggest any attorney would take your case pro bono (no cost to you). |
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very important pig club
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Sue him. |
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Helen Scott
 |
Check your state laws. In most states, the landlord is required to give you a list of exactly what he spent your money on, or give it back to you....in 30 days. If he fails, you're entitled to you're money X2....but you'll have to take him to court for that. You could always threaten legal action, and see what happens. Make sure to send him a certified letter so that if it does come to that, you have a paper trail. |
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NvrMnd smart1 its over ur head
 |
Small claims court |
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deliriumtime
 |
call a lawyer. |
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Christopher B
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Small claims court. |
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deedee007
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Take him to small claims court and sue it out of him. |
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AM-NM centaur
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Complain to your local housing authority or sue him in small claims court. |
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Christine G
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By law he is required to give back any deposit or itemized list of repair costs within 90 days of your moving. I believe that he is required to pay back in full if you don't get the itemized list. If he fails to do so he is in violation. Tell him that if he doesn't pay back your entire deposit you'll take him to small claims court. Give him 30 more days (do this in writing via certified mail with a return receipt, make sure you keep a copy of the letter). If he fails to pay then, take him to small claims court. Don't back down, you have a right to your money. Good luck.
You'll need to show the court that you've made attempts to contact him and have given him a reasonable opportunity to pay you back. |
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Jason K
 |
it really all depends on where you live. State and local laws vary, but in my area you can take him to small claims court (no lawyer needed) and you can both plead your case to a judge and the judge will make a final decision. Or you can try calling some local law offices for advice, however they'll probably side step helping much unless they do pro bono work. |
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entropiii
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It's only 20 bucks to go down to the local court and file a small claims case. Make sure you have all your old paperwork and if you can, bring some photos showing various rooms in your old place in case you need to show what condition you kept it in - that way he cant come back and say you dont deserve the money.
Also, if you have lived there for more than 2 or 3 years, most states consider things like paint and carpet "normal wear and tear" - so he cant even come back and say he needed to replace those things. Those things are at his expense and they are reasonable costs which you should not be charged for. |
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tiny_lil_hottie
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you call the county attorney and explain it to him, and if you can prove the house was thoroughly clean, as in someone else saw it before you gave him the keys back (avoid the he said she said bull) then you can make your case and if the county attourney believes you can even put a lien on something of his until the money is repaid. check your lease agreement if you still have it to make sure it says it is a returnable deposit as long as you meet certain requirements...some say non returnable deposit in which case you are screwed. |
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the need to know
 |
call your county atty. Ask them where to report him. They have offices that handle landlords. |
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It All Matters.~☺♥
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Take him to small claims court. Then he will have pay court costs as well. Write him a letter and send it registered with a receipt requested. Tell him you will sue for the full amount plus interest and court costs if he does not pay up within 30 days. If he does not, then sue him.
If you want to, let him payments. But make the amount at least $200 a month and make him sign a contract.
Call a lawyer and ask them what can be done. Most will give you an idea over the phone.
There should be an agency in your state that over sees this kind of thing. ***Check with your local District Attorney's office.*** (Do this one first). |
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zahid
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sue him,u could get mre.h has the money if nt wuld b roasting in da carrebian islands in his property. |
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bozopolis
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Read your lease. Every state has Landlord Tenant laws to protect both parties. If you're done everything in accordance with your lease, then you're entitled to your deposit back. Small claims court is often the best way to pursue this course. Search Google for the Landlord Tenant law in your state and see if you have a case. |
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*LiLy*
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sue him, asap! |
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monndaiari
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800 is a lot. I will get it back. Do you have a copy of your old lease? or a copy of your check that shows that you paid 800 in deposit?
So the next step is, voice record your conversation with him on the phone asking him why he's not paying his side of the deposit. Talk about how he promised you he was giving your deposit back etc....
Once you got that, or even if you don't have that, send him a letter.
Have your friend, or what not pretend to be an attorney, and have them send a letter to him stating that by May 1st, if he doesn't pay your deposit back, you will sue him for $800 for the deposit, $400 in hiring your lawer, $500 for distress.
He should realize, that paying his fair share of $800 should be cheaper than paying $1700. He sounds cheap, even if he has money. And it's been 6 months. You should win this battle if you take him to court. |
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Caleb K
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he is another elitist trying to screw you! if there is a local housing authority that is one option, if not you will have to go to court, u will have to pay to bring him to court but request that the court costs to be paid by him as well ur deposit and interset back! |
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littlec010988
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if the amount of the deposit is over a certain amount of money, he would have been required by law to put it in an escrow account for however long your lease was. My security deposit was $770.00 and that's what my landlord has done. I would demand proof that that's where he put your money, and when he doesn't have the proof, you should most definitely either way take him to small claims court, you rightfully deserve that money! Good luck! |
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deigo4420
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you will need to get all your recepts and any pics ( i hope you took) and you will have to file it with small claims court and ask for all court costs and money
good luck |
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Mattt
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suxxx |
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jess T
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You have to go to Fair Trading (or your countries equivalent) with the receipt and they may take care of it for you. You can also look up your rental agreement and highlight valid points. |
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