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Guy's baby | It's been two months since I moved out of my last apartment, my landlord has not returned my security deposit |
My landlord have not returned my security deposit or charged me for an damages. I called her to remind her that I have not received my security deposit. We cleaned the apartment, shampooed the carpet, cleaned the oven and bathroom before leaving. What should I do? |
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Melissa G
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keep on her! you deserve your money back.
shes just being greedy and trying to wait to see if you'll forget about it . . . . |
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goz1111
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sounds like you will have to go to small claims to get your monies back |
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MIND THE GAP
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Small claims court. |
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Ralph N
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let land lord know, that you will file in small claim court for your deposit. |
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Expert Realtor
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You have already called her, and she has made it clear she has no plans to return your desposit.
Sue her for the full deposit amount in small claims court, no attorney is necessary.
I would sue for TRIPLE the amount of the deposit...most states if it is not returned in 30 days or with a written explanation of why, you are legally entitled ot treble damages. |
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Pure Jersey
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Send the landlord a letter by certified mail demanding your security deposit. The landlord has missed the time to charge you any fees or damages, so you will get the entire amount back. In the letter give the landlord one week to provide your check in full. If you do not get the check, then you can file a lawsuit in small claims court. You WILL win and get your filing fees. You can call the local Bar Association and they can refer you to a free service to help you with this.
Good luck.
What the folks who answer on this question fail to realize is that the landlord has a limited amount of time to notify you of any deductions they are making to your security deposit. Should they fail to notify you, they have missed their chance. I was a landlord/tenant paralegal for over 10 years and this is what I did for a living, getting folks their deposits back. First you must write to them, via certified letter demanding your deposit, with a deadline. After that, no check, court. It is very easy. 95% of the answers posted thus far are wrong. I really with folks would only answer a question when they actually know the answer. A lot of BAD information/advice has been given on these pages. |
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Trouble
|
Without knowing what state you are from, it is hard to give specific advise.
Generally the landlord has anywhere from 15 to 45 days in which to either return your full deposit or send an accounting of deductions from your deposit. If the landlord does not send out the refund/accounting per the law, he forfeits the right to make any deductions and you may be able to recover 2-3X the amount in Small Claims court.
In many states, you are required to give the landlord your forwarding address in writing.
You need to look up your state's laws to see exactly how much time is allowed and whether your state allows for double or treble damages.
If it is beyond that time allowed per your state's laws, you should send a certified, return receipt requested letter demanding the return of your full deposit within 7-10 days and quote the law that applies. State that if your deposit is not returned you will file in Small Claims court.
It is very cheap to file a case in Small Claims court. You do not need an attorney and the landlord will have to pay the court costs if you win. |
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David C
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Hope you took pictures. You will have to file a civil suite in local court. |
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seeker
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Write her a nice letter to notify that unless she returned the deposit to you within say seven days , you will have to hand this to your lawyers for further action.
Normally this will move them to return the deposit immediately because they would not want to incur heavy legal costs.
Have a Happy New Year and success in recovering your deposit. |
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Classy Granny
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I hope you did a walk through with her before you left or at least took pictures. In most states the landlord has just 30 days to return your deposit with a list of damages for anything she is holding back. Since it has been 2 months you are within your rights to now sue to get it back, but you'll need prove that is was clean and not damaged in anyway. |
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Sharon F
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make a personal stop by her place and find out what the hold up is.
i hope she isn't trying to keep your money by saying that the house was a mess
as one commenter stated, it would have been good if you had took pictures of the place or requested to be present during their walk-through upon checking out |
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zeegurlz
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I dont know why they are bunch of greedy people, they are always eager to collect but never willing to give back. Landlords are the same every where. |
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Autumn
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Did you take photos of the cleaned apartment before you left? Next time you move out of an apt. take photos to prove that it's clean. Call landlord one last time. Ask her if there's some reason she hasn't refunded your security deposit. Let her know that you plan to file an action against her in small claims court if she doesn't return your deposit. Then do it.
If you don't have photos, and landlord has not yet rented the apartment, find a friend who's willing to help you. Let the friend go "view" the apt. on the premise of renting it. Have the friend take a camera and discreetly take photos at this time. Then you'll have your proof that the apartment was clean and undamaged when you left it. |
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jodi d
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call and ask what the deal is if no answer sew them! |
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Nick
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Your landlord doesn't have to return the deposit by law. They can still claim that you didn't clean it enough, and they used it for the cleaning bill. You have to keep calling them and tell them that if you're not getting the deposit back, you want either a reason or a receipt or proof that the deposit was applied to your living space. |
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misan
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After being fed up with landlords myself, I would probably exercise my right to trash the apartment that my deposit covered. |
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