realestatelawyer
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The landlord was supposed to have returned the deposit or given you a detailed accounting within a certain amount of time, usually not more than 30 days. Since they didn't, you should immediately file a lawsuit in the county where the property is located. If the judge determines that your security deposit was wrongfully withheld (which is what it sure sounds like), then you could receive a judgment for double or triple the amount that was wrongfully withheld, depending on the laws in your state.
Don't waste your time sending letters to the landlord. There is no requirement that a tenant make a demand in writing before filing suit and you've waited long enough as it is. |
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Raven Hood®
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yes. |
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only1doug
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send a written request for the return of your deposit, keep a copy, once you have sent 3 written requests (1 every 3 weeks or so) follow each request with a telephone call 4-5 days later, then contact a soliciter if you still dont have your money after the 3rd request. a letter from a soliciter threatening legal action will normally fix it. |
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Nobody
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If your landlord doesn't return your deposit, he has to provide you with an itemized list of what it was spent on (paint, carpet cleaning, damages, etc., but usually not including normal wear) if you request it. If he can't or won't do this, you might have grounds to sue, but the court costs and lawyer fees may end up being more than your original deposit--especially if you lose the case. This happens VERY often with private owners (as opposed to corporate-owned apartment chains). |
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thepenismightier
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Sue his dishonest butt. Demand 10% interest on the overdue money, too. |
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Tammy O
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Call the association that deals with landlord-tenant disputes, or take your landlord to court. Here in Ontario, if you contact the Housing Tribunal, they will demand that the landlord return the deposit, and may fine him for not following the law. As long as there was no damage done to the apartment, you should receive a refund in full. |
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?
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Most states and cities require a landlord to return a security deposit to you within a reasonable time unless they give you specific itemized reasons for withholding it.
If your landlord has wrongfully withheld your rent, you can threaten him with legal action and get your security deposit back with interest or more. Go to small claims court or talk to an attorney. Write him or his superior a nasty letter. Don't sit on your rights, act on them!
Good luck. |
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anysomeone
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Small claims court is your best bet. Sad to hear that this is happening to you. If your company has EAP (Employee Assistance Program) they can provide you with legal advice...and even set you up with an advocate. |
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pamela_m24
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Consult the landlord tenant act in your state. Reason being is that some states not only require a security deposit to be held in an interest bearing account, but also the interest can be due the tenant upon successful departure of said residence in good condition minus normal wear and tear. I would definitely begin making some phone calls and going forward to getting your monies back. |
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Lera
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Well, art is art, isn't it? Still, on the other hand, water is water! And east is east and west is west and if you take cranberries and stew them like applesauce they taste much more like prunes than rhubarb does. Now, uh... Now you tell me what you know. |
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dwill604
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sue |
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bostonianinmo
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File in small claims court. But first, send a letter demanding payment in full, without deduction, of your security deposit. Advise them that they have 5 days to respond or you will file in small claims court. |
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wildhair
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The security deposit needs to be returned within 30 days. If it's past that time, take him to small claims court for 2x the deposits worth for the hassle it's caused you. Inform him in a letter that he will be taken to court if he doesn't comply. That will speed things up in a hurry. |
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wldntulike_2know
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Call and leave a message on his answering machine telling him your lawyer will be in contact with him if you don't have your check by the end of the week. |
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triviatm
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Tell them that if the check is not in your possession within the next 14 days, you're going to call a lawyer and the cops. |
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ginger
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It sounds like you have done everything you are suppose to do, if they say "check will be mailed". Document all calls and requests for your deposit, and if they still don't repsond go to your local Landlord Tenant office, they will make sure you get it back. I know in my state, Alaska, landlords have only 14 days to either return your deposit or give you an itemized statement as why they are keeping it. Small claims court is definitely an option in your case. |
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Rocco
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A manager stole my deposit one time. Get ahold of the owner and tell him/her what is happening. Odds are that they don't know anything about it. The manager keeps your deposit and cleans and fixes the problems most of the time. Bad managers create problems and claim that you left it a wreck. |
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donovan49_e71
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I'm not sure what state you're in, or the laws of that state but in this state, with that type of case I would take the manager, and or owner of the apartments to small claims court and sue them for the amount of your security deposit |
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