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Si73 | Landlord won't give deposit back? |
My former landlord's management agent won't give me my deposit back. I left 10 weeks ago. There is a dispute about alleged damage and about the third party inventory clerk company's competence which is in clear question. There is ample written evidence to support my arguments and correspondence.
Apparent charges are made and then when they are challenged often the form backs down or simply thinks of something else to allege or inflate the amounts for other things which are in dispute and for which there is no evidence.
How might this be resolved: formal correspondence is producing no progress. |
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achrimsdale
|
Same as Heinz, small claims court and include all your expenses.
. |
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The_Informer
|
1. get your contract
2. Read it, all of it.
3. Take it with you to Citizen Advice, with your rent book or
bank statements with your payments.
4. After go to the County Court and get form N1
5. Take it court with your fee
6. Wait for the Landlord to write back his defence
7. Answer all the questions carefully and counter claim factors like no work done when requested. Landlord and agents entering the property without permission
8. Contact the council as all landlords and agents have to be registered
9. A new law came out this year to assist claims like yours in regard to tenancy deposits.
I have attached the law in require to tenancy deposits to assist you, hope they help |
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Heinz M
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Small claims court! ~ |
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sammycinnamon
|
I've rented loads in my time and not once has the landlord just simply given back the deposit, they claim stuff is missing which never existed things are damaged which are not, and so on I never ever gave up without a fight and always won. That was all a while ago now though so if I was you go to citizens advice to find out your next step. Good luck and don't give up they do it all the time hoping its to much hassle on your part to pursue. |
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amsterdam
|
Yes, small claims court, but first inform the agent that this is your plan. The simple fact that you intend to do this might release the money and you may not need to bother - good luck |
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rlloydevans
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I wouldn't get a lawyer, as the cost of one will quickly eat up whatever deposit you have.
I would first let the management company know your intentions, that you have consistently shown their reasons for not paying the deposit as being incorrect and that their continued actions border on fraudulent conduct. If they don't immediately make a reasonable settlement that you will be forced to take action with the courts and the State's real estate board.
Then I'd file in small claims court for your deposit and 'legal costs'
I'd then send a formal letter to the management company announcing the legal action (they'll know because of service) and that your next step is to lodge a legal complaint with the State Real Estate licensing Board as well as the State's Attorney General's Office for Consumer Fraud. Include a list of all the documents and dates you have to refute their charges.
Give them 10 days, then send a report to the AG and the Real Estate Board.
Send them another letter saying you would be happy to halt further actions if they simply paid what was due to you. But if you weren't paid within 7 days you will take further action.
Then I'd hunt up a newspaper, radio or TV station that does consumer fraud reporting and see if they'd be interested in reporting on it.
And continue to ratchet up the problems.
The main thing is:
Tell them what you plan to do.
Wait a few days to allow them to change their mind.
Then do what you said you'd do, while telling them your next step.
Continue until you are exhausted or they pay. |
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ta2dwolf
|
you need to ask for proof of damages with photos and stuff that accumulated the charges their charging you and a detailed list and copy of reciepts for repairs, then take them to small claims court ! they cannot charge you for stuff like the wearing of carpets and plumbing problems and standard degrade of appliances or fixtures, they can however charge you for carpet stains of red and yellow and any carpet repairs from pets and stuff but not for general wear ! as well they can charge you for holes in walls and doors even a small nail hole, next time you rent you need to video record your place before you move in and note all holes in doors, walls, chips on countertops etc. and have the landlord or renting agent sign a copy of it before you move in so that you are not charged for pre existing damages ! as well when you move out of the rental unit you need have video evidence of every square foot so they cannot claim you did something you did not do especially if it happened after you moved out. and if they do not return your deposit or any portion there of, then take them to small claims court ! judges are very aware of what kind of crap landlords try to charge you for that they cannot legally do ! standard wear and tear on a rental is not your fault and they cannot charge you for it ! landlords will often not want to appear in court and often offer to settle before the court date. and most small claims court costs generally run roughly 65 bucks with the papers being delivered to your landlord to appear in court ! sue them if you must, but landlords rarely ever give any deposits back unless sued ! |
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shih tzu lady
 |
You say you have proof that you are in the right. Take them to small claims court. Will only cost you a small amount - you turn up, put your point forward, give your evident and await the mediator to make a decision. If you win, you can claim your expenses, interest on amount owing etc. It isnt a worry - very informal and very fair. If you reckon you are in the right and you have the proof, go for it. And good luck. Its people like this that give all us landlords a bad name and have forced the recent legislation about where and how a deposit is held. Good luck to you. |
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Dry Dreamer
 |
Make him an offer he cant refuse |
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petes_quirkey_bits
 |
go to citizen advice beaurea they can give you free advice. and i think that may be your best thing to do |
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D S
|
I was an apartment manager and also I worked for a property management company. I tell everybody the same oh same oh--PICTURES TAKE THE PLACE OF A THOUSAND SPOKEN WORDS.
Before you moved into the apartment you should have taken pictures of the conditions/good and bad. When you signed the rental agreement you should have stated any thing that was not up to pare. Sometimes manager will make promises that it will be fixed after you move in?? In some cases it is never fixed.
Did you give the manager at least a thirty days notice before you moved out? Did the management have the manager to do a walk through to verify the condition that you were leaving the unit? In California they have to give you time to make the repair or the damages will be deducted from your security deposit.
If damages are deducted from your security deposit they have to give you an itemized statement before they can just deducted $$.
I don't know what state you are in, but the link below is from Texas and it will be helpful to you. |
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Unholy Minion, O.T.S. (UAN)
|
Get a lawyer who deals in real estate issues. |
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GIZMO THE CAT
|
When you initially moved into this property, did you go through the inventory with the agent, making sure that all the details were correctly, and did you also go through the property, getting them to record any noticeable damage. If you are 100% cretain that your evidence will suffice, write to the agent and give them 14 days in which to return your deposit, or you will take them to court. If they don't reply go to your county court and get the appropriate forms, you can also print them off on-line, and if you need help completing the forms, your local CAB will help. There is a charge for issuing court proceedings, but you can incorporate this in your claim |
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hans2
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if you think you are entitled to get that money back and you are sure that you didnt do any damage to the property, you can therefore take them to court- they need to prove that the damage wasnt there before you moved in.
usually estate, letting agent take pictures of any damage already done to the property. they must do this to cover their own backs. |
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amysgetaways
 |
Get a lawyer, that should let the management know that you are serious about the dispute. As long as you have proof of your claims, the law should be on your side. You can get the management company into serious trouble- but they may not realize you have proof to support your claims. |
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