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Cowala | Can I Sue for Untimely Return of Security Deposit? |
When I moved out of my apartment, I gave my landlord the incorrect forwarding address to return my security deposit. However, before they mailed out the check, I provided them with the correct address.
After more than 3 months of calling, emailing, and threats to sue the landlord, they finally told me they have my deposit check. In this case, can I still sue them for double the amount because they failed to return my security deposit within 30 days of move out? How good are my chances, and in case I lose, can the landlord countersue me for their attorney expense?
Thanks so much!!!
Additional Details
Thanks for the responses, guys! This is in NJ. I have proof showing they had the correct address since they sent me a letter to the correct address saying they're going send the check there within 1 month of my move-out. Also, the manager said in his email to me about a month after move-out that he is stopping payment on the check and issuing a new one. Does any of this help? I had trouble paying bills and had to borrow from my friend... Considering the deposit is almost $2000, it's quite significant right? |
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Mamapie2u
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Decide if you want to give the deposit check you just received to an attorney just to double the amount of the deposit check. Doesn't seem worth it to me. Also, don't be so ready to sue someone because it could "black-ball" your name among the apartment managers in your area and you may have a very hard time finding another decent apartment to live in. |
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Dr. Deth
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You're not entitled to double of anything. It would cost you more in lawyer fees than you would get back. If anything they might owe you a couple of months of interest (at 3% annualized) which equals 37 cents |
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mister ed
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you can always sue but should you sue == lets see what are the real damages here = lost interest on a few dollars for a few months -- get real - by now if you still have not received your check write them once again and insure that they have your correct address and ask them to please forward your check. due to a comedy of errors partly on your part (you gave a wrong address) things like this happen -- i say it is time to move on. |
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newmexicorealestateforms
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Go to http://www.realestateformnm.com/researchindividual.aspx and go to your state listed then click on the Landlord Tenant act link and see if you can do what you are asking to be able to do
Best of luck to you |
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shelcom
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There's no lawsuit here. The wait is mostly your fault for giving them the wrong address. |
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walyank
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Whatever the law is in your area (interest, double, triple...) makes no difference. More money will go to the lawyer than you would get back.
If your landlord is a corporation, study your small claim court laws. I don't know if all, but at least some states require a corporation to have a lawyer in small claim court... while an individual doesn't need one. It may not bring you any more money but it could be a way to annoy the landlord. But, first, make sure you wouldn't be responsible for high court cost if you lost the case.
Also make sure that what you demand from the landlord is not outrageous. |
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Brandi C
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Since you do have proof that they received the correct address and said that they would send you the check within 30 days, then yes you have a decent case depending on state law. I live in a state with a similar law and as an experienced property manager in my state you would probably win. You need to check your state's laws to make sure it specifically states that if the deposit is not returned within 30 days then they have to pay you double the deposit.
Also, you would be going to small claims court. There are no attorneys involved so no fees to pay. Just go to the courthouse and ask what you need to do, they will tell you everything. Its very easy. Just be sure to bring all of the original documents, including the letter they sent you to your correct address stating that they would return your deposit within 30 days.
The first thing you should do, however, is to send them a letter demanding the penalty payment. Just outline in the letter that they did not return your deposit within the 30 days required by law, that they in fact took more that 3 months to return it, and that by law they must pay you two times the amount of your deposit. State that you expect them to remit payment for the balance of this amount by a certain date (give them 2 or 3 weeks) or else you will take them to small claims court to recover this money. Keep a copy of the letter and send it certified mail. If you have to go to court, take the letter and certified receipt with you to prove that they got it. This will show the judge that you attempted to collect this money without going to court and will look better for you. You also might get the money this way without having to go to court. |
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sarge927
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Depends on your lease agreement. If your lease agreement states that the landlord has 30 days to return your security deposit, you have a case. Having said that, BE CAREFUL. You can only sue for damages you can prove. For example, an arbitrary suit for double the amount of the deposit isn't going to fly. You have to show the court that you were harmed by having that money withheld. So you could sue for the time you spent calling/E-mailing your landlord, any bills you couldn't pay or any expenses you had a problem with as a result of not getting your deposit back, attorney fees, court costs, and a nominal inconvenience fee (and don't get greedy with the inconvenience fee -- $250.00 is reasonable for your inconvenience). Remember, judges don't care what you know; they only care what you can prove. As long as you have plenty of documentation to prove that you provided the correct address to the landlord and that you tried repeatedly to contact the landlord and get this resolved, you have a solid case. If you lose, the landlord could countersue for the expense but the chances of that happening are slim (and even if they did, the court will likely not grant it unless you go in with an axe to grind and the judge decides that you have wasted the court's time). |
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Terry S
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Litigation is the sport of Kings!
Why Kings?
They are the only ones who can afford it.
You're wasting your time and puttting you health at risk by getting all bent out of shape over a few thousand dollars.
Best to move on with your life. |
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Etta P
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I provided you a website from the Cornell Law school covering your issue. That fact that you gave the wrong address initially may be his defense in a small claims civil suit. Check your lease and see if it states the deposit is to be in an interest bearing account where interest may be due. If you can prove when they got the correct address and you suffered actual damages from this delay then you would be entitled to be made "whole" again. Also, they cannot countersue for atty fees in a small claims civil suit.
Hope this helps! |
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Fico C
 |
You would need to look at your state laws.
If they allow it, you then take them to Small Claims Court. No need for lawyer.
One thing to think about. When you gave them forwarding address, did you put it in writing. The fisrt one.
They can simply say they sent it to the address you gave them. They can say you never called with the correct address.
They can say they had to wait for the check to come back and then put a cancellation on it. They can say it got lost in the mail.
I don't know how many excuses they can come up with for the amount of time they took. So long as they put it int he mail within 30 days, so that would be two months longer than expected not three.
At the time, the judge will tell you if you have to pay any of their fees. Small claims court usually they won't hire an attorney but they can.
You just have to ask yourself is it really worth it. |
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acermill
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You need to check the state statutes of the state in which you were located for guidance. Some states have 'double damage' statutes for such a situation, and others have 'treble damages'. Yet others have NO damages. |
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