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Feather | How can I get my security deposit back from an irresponsible landlord? |
I moved out of my previous house over 6 weeks ago.
My landlord said i would get my security deposit back because i didn't wreck the place. He said i would have it weeks ago and neither me or my room mates have received it. I keep calling him to see what the deal is.
The latest excuse I've gotten is that he turned "the paper work" into the bank but the bank is taking a long time to get me my money back.
I don't exactly trust my landlord since he's screwed over previous tenants. and he's never been a very upright citizen.
What can I do to get my money back?
is this waiting period normal?
should i take legal action? and if so what? |
 |
 
C S
 |
The laws will vary from state to state, but generally speaking a landlord has 14 days to give you back your security deposit. If they have withheld any funds, they have to give you an itemized list of what that money was used for. In some places, the landlord has to pay interest on the money they have held for you.
Send him a letter by registered mail. Make it very professional -- this is not the time for name-calling. Summarize all of the facts in the letter (when you moved out, how much the deposit was, the conversation during which he said you'd get it back, etc). Close the letter with a deadline by which you expect payment in full.
If he doesn't pay in full by the deadline, file a suit in Small Claims Court. It will probably cost you $50 or so, but it will be worth it. If he gets a judgement against him, you will be saving future tenants from the same headache. Don't you wish the last tenant would have taken him to court?
Don't be worried about going to Small Claims Court. Collect all the documents that you can, be respectful of the judge, and tell the truth. The judge will have experience in dealing with deadbeat landlords. |
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annziemarie
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You can go to court and file a small claims suit. I think it costs $14. If he doesn't pay you then, you'll actually take him to court... and you should win. |
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shannlen
 |
As others have said, you can file a claim against him in Small Claims Court. However, I would try a few other things first. If you do end up in court, best to be prepared. Get your paperwork together - rental agreement, receipts for deposit and rental payments, notice of your moving out. Record the dates of everything. When he said you would get your deposit back, was anyone there to witness that? Record that info, date, place, time, who was there, because you may not remember all of that if it gets to court later.
Now, prepare a letter and send it by registered mail to him. In it, just say 'When I moved on such and such a date, you assured me that I would get my full security deposit back. It has been 6 weeks, and I have not received it yet. Please call me by July 18, 2008, so I can pick up a certified cheque for the full amount of $____.
Please note that I have already contacted a lawyer regarding your non-payment, and if I do not receive settlement by July 18, 2008, I will pursue legal action.'
This just might wake him up. If not, at least you have something in writing. Then make sure you document any phone calls you receive from him - record them if you can. All of this will help in court if needed. |
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glas kat
|
You can go to small claims court. Do some research about your local court. If your landlord is in the wrong, he will have to pay your court costs plus your security deposit. You can begin by documenting every date and time that you have contacted him. It will be useful in court. Write down what he says. Maybe even warn him you are planning on going to court if he has not returned the money within two weeks. |
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sandy
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hell no, this creep is just buying time with his lame excuses. you and your roommates need to take him to small claims court. that'll scare his *** |
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The JUDGE
 |
There is no "paper work". You walk into the bank, close the escrow account, and get a check. In most states, he owes you your deposit back within 30 days of your quitting the premises, unless other arrangements were previously agreed upon. Check your state's General Laws under Tenant/Landlord Responsibilites, they usually have a website with a search engine. You may need to sue, and if you do, make sure you claim for court costs, full interest, and any damages that you can PROVE. |
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lonesome star
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30 days is the normal waiting period....if you do not get it, take legal action. |
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Adlpated
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Depending on what state you live in, there are different places you can go for help. In NJ for example, the Department of Consumer Affairs would be able to help you or at least let you know what the guidelines are for returning a security deposit.
In my personal experience overseeing subsidized housing units, it may take a couple of days to a week to get the money from the bank, but not longer. They have changed the rules for how landlords hold security deposits (at least here in NJ and when HUD is involved) and you can't just hold it in a common account.
Check your state's website for consumer complaints or housing issues. |
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linz_b
 |
it shouldn't take 6 weeks, even if the bank did "take long". the bank will not take 6 weeks to issue a check. if you have proof that you've contacted him via email or phone, you will have a lot more leverage in small claims court. but even if you don't have sufficient evidence, he will need to bring documentation supporting HIS claim that the bank took too long. i think you have a valid case |
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elaeblue
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Send him a registered letter (with a return receipt) take a copy of the letter reguesting your deposit back. Give him a date when you expect to receive it and if you dont get it - take him to small claims court. |
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Dayummadeulook
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You should only get take legal action after it's been more then a few months. When I moved out my apartment and bought my house.. It took the apartment complex 4 months to send me back just $600.. So just wait and be patient.. The money will come, and you'll have more money when you least expected. |
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new nanna
|
Speaking from the UK, you can write to him giving him 7 days in which to return the deposit. Advise him that if you haven't received it in that time you will file papers with the Small Claims Court to recover what is due to you, and this will incur fees charged to him if you win your case, plus interest for the time you have been without the funds. It is simple to undertake - just ring the local courts and ask for the necessary papers. The fee is small, but you will get this back once the case is settled. He should by now have notified you of any dilapidations which are causing him to with-hold your deposit monies, so whichever the case, he is in the wrong. Hope you can get this sorted - he gives us landlords a bad name. |
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LadyM
|
Don't take legal action yet. It's expensive, slow, and stressful. A waiting period is normal, but it shouldn't take more than 30 days.
Check your lease to see what you signed off about the security deposit, and if he has exceeded the time limit stipulated, make sure he knows you have taken note. Let him know that he legally owes it to you within that period of time, and that you are well within your rights to receive it within that window. Don't mention "legal action" right away, unless he persists 2-3 weeks past the originally stated time period. If it has already been that long, tell him you expect it by _____ day (next Friday?) or you will have to call your lawyer.
Whatever you do, hold on to the lease with all of your signatures. |
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John M
|
sure, most of the time all you need is the court papers sent to him and I'm sure he'll give in. if he plays around to much he may end up paying you more than he owes. I'm not sure what state or country you're from, but give it a try |
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kimmamarie
|
Did your roommates move out also? If not, the security deposit stays where it is until another roommate is found and puts up your portion of the deposit or the two other roommates make up the difference.
If you all moved out, then, depending on your state, the landlord has 30 to 60 days to return your deposit. It would probably be made out to all three of you to sign and cash together, unless you have a receipt for separate deposits. |
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Big O
 |
yes threaten a law suit in small claims court if you don't receive you money in 7 days..
if that don't work go to the courthouse and file a small claims suit against him and be sure that he also pays court costs |
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Hi Ya'll
 |
check out rentlaw.com - the time limit for returing a security deposit is different for each state. If you haven't gotten a deposit back (partial or full) or a statement explaining why before the time period expires, your landlord is breaking the law and your legally entitled to the full deposit. You will probably have to take him to small claims court, but you can threaten and see if he budges.
Check out the website though. |
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