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Carmencita G | I have not received my security deposits from my past landlord and it has been over 3 months, can I sue? |
I did all the necessary protocol:
- I owed no rent
- Gave them letter notice of my move out at the end of my lease
The leasing agent and old property manager know they owe me my security deposit but have not sent it yet. Can I sue for more than my original security deposit? Is it worth it to sue? |
 |
 
littledog
 |
I would call them to see if it was forgotten. Or sent to the wrong address. If they are not going to return it, then yes take them to small claims court. |
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Jason T
 |
Yes you can sue. Depends on how much they owe you and how much of a hassle it is. It's possible that ones they receive the summons to appear in court, they'll send you the money. I work with a lady who purposely does this. Waits for old tenants to sue, THEN she'll send their deposit back. And she couldn't understand why I wouldn't rent from her... |
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Pengy
|
Yes your rent was paid, and you gave notice but question is what shape did you leave the apartment in? Can they claim damages? In which case that will be deducted from your deposit or in fact entirely used to repair. Filing suit may put you in a position whereas you actually owe them more. Try calling and asking what is going on. |
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Krissy S
|
yes you can take your landlord to small claims court
Check this page out http://www.sftu.org/deposit.html
it has a lot of good answers and should answer all of your questions. I had to deal with this too with my last landlord it sucks! good luck! |
|
Locked & Loaded
 |
You can file a claim in small claims court, BUT if you win, all you now have is a judgment against the landlord. Now you have a second problem. How do you collect on a judgment? You could turn the judgment over to a collection agency, but they normally get 50% of whatever is recovered.
I would at least take the chance in small claims court and see where the case ends up. You both will meet with a mediator to try and resolve your differences before you will have to explain your side to a judge. You don't have anything to lose by filing. It might light a spark under your landlords butt and he/she will realize you are serious.
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Ann R
|
Read Your Lease Agreement
Somewhere in there it should state how long they
have before they have to return your deposit, as
long as it wasn't Non-Refundable.
The wait can be anywhere from 30 days to 90 days,
I don't know of any states that allow over 90 days.
Read the lease. And send them a registered letter
asking that your deposit be returned. Make sure
you have something showing when you mailed
the letter and a copy of the letter. 7 days after the
letter has been sent, go to your county Magistrate
court office and talk to them. They'll guide you from there. |
|
Trouble
|
Yes, you can sue.
You may be able to sue for double or triple the security deposit amount depending on your states laws. Generally, the tenant is required to give a forwarding address in writing upon move out.
First, you would have to check your state's landlord tenant laws. Then you will need to send a certified return receipt requested letter demanding the full deposit be returned in X number of days.
If the landlord does not send the deposit per your official demand, then you file in Small Claims court. Generally, attorneys are not needed for Small Claims cases. If you win the case, the court costs are added to your judgment.
Yes, it is worth it to sue, even if you only get the judgment. At some point you may collect on that judgment with court ordered interest. A judgment can be renewed for 20 years in most states.
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|
so what do you think?
 |
it depends on how much money you have coming to you. it probably isn't worth it. and they know it. so they keep it because they think they can.
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|
. .
|
Yes you can sue. How long they have to mail you deposit varies from state to state, but it's never more than 1 months (in most states its 14 or 21 days). I doubt you can sue for more than your original deposit, but your landlord/property management company will get fined. |
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J143
|
You should call first. I think we received ours back 6 months after we moved out |
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Bev M
|
If you have the equivalent of a small claims court, ask a public magistrate if it is worth pursuing through there and get some information.
Then you can threaten your leasing agent and property manager with court if you don't receive it immediately.
Why would you sue? You would probably lose and have to pay even more in court costs and lawyers fees. Remember they can probably afford a better lawyer than you and come up with some plausible answer as to why they haven't paid you yet. A little threat of possible court claim can go a long way. |
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