(Closed) Can’t get my deposit back..where to go from here (kinda long)

posted 8 years ago in Home
Post # 3
Member
8738 posts
Bumble Beekeeper
  • Wedding: September 2011

Check the terms of the lease and how long they have to send it. Then send them a certified letter so you can PROVE they received it telling them they need to send you back your check and itemize out any and all deductions from the security deposit.

If they do not respond to that, then you may have to take legal action.

Post # 4
Member
2288 posts
Buzzing bee
  • Wedding: November 2010

I’d send a certified letter letting them know that you have not received your deposit and insist on hearing from them by X date. If you do not, you’ll be taking legal action. Usually, just the threat of going to court is enough to motivate someone.

Post # 6
Member
11325 posts
Sugar Beekeeper
  • Wedding: February 2011

Do some searching around for the laws of your state. In Ohio, for example, if your landlord keeps your security deposit for more than 30 days after you move out without sending you a reasonable itemized list of deductions, you get TRIPLE what was wrongfully withheld. It is a state-by-state thing… but I’d bet that you have some legal clinics around you that you could get some advice from. 

Post # 8
Member
8738 posts
Bumble Beekeeper
  • Wedding: September 2011

@SweetRose2011: Make sure you send the letter via certified mail (where they have to sign for it) so you can PROVE they got it and they can’t claim to have “never received it”.

Post # 9
Member
447 posts
Helper bee
  • Wedding: April 2010

I hate saying this – but you might want to try having your Future Father-In-Law call first.  As much as I haaaaate that this is true, sometimes people (particularly older ones) will simply take a man more seriously.  If that doesn’t work, send the letter and begin looking into legal action.

Post # 11
Member
3295 posts
Sugar bee
  • Wedding: May 2011

okay look at this… its the illinois renters rights. http://www.renters-rights.com/html/deposits.html

if im reading it right… your landlord owes you 1000 dollars! its double what the deposit was if he doesnt get it back to you in 45 days! it also says something else about interest but i dont know if that applies…. lawyer mumbo jumbo.. hehe

Post # 12
Member
10366 posts
Sugar Beekeeper
  • Wedding: September 2010

In my state, there is free legal help to get deposits like this back. Check into it – if your state has good tenant protection, you may be able to take them to small claims court for free. Of course, in my state, deposits are at least a month’s rent, which tends to be $1400 and way up, so maybe they implemented those rules because of the sheer amount of cash involved!

Post # 13
Member
1645 posts
Bumble bee
  • Wedding: May 2010

I agree with the certified letter. They said that they would send it to you in the walk through, so they can’t back out later unless there was damage they didn’t see, which is highly unlikely. Send them the letter certified mail and let them know that you have left numerous messages, and that you expect to receive the deposit by a certain date or you will hire an attorney. Check the lease to make sure they don’t still have time left to send it to you first, but it sounds like they are dragging this out. 30 days after your last day is standard.

Our landlord had 30 days after the last day of our final month living there to send it to us. You are not expected to live in an apartment and not make an impact – normal wear and tear is expected and in many states you should be protected.

I got ticked off with our landlord because he took the carpet cleaning out of our deposit, after telling us “not to worry about it, I’ll have it done regardless”. This is despite the fact that they DID NOT clean the carpet before Darling Husband moved in 5 years ago, so essentially we got charged for 10 years worth of normal wear, 1/2 of which wasn’t even ours! But… he allowed the next tenant to move in early, and pro-rated the rent for the month, returning some to us, so it ended up being a $30 difference, which I didn’t think was worth fighting over. Had he not done that, I would have fought it.

Post # 14
Member
4137 posts
Honey bee
  • Wedding: May 2011

does your city or state have a tenant’s advocacy group? i know that here in dc, you can go to the housing authority and they’ll help you with things like this. while i think it’s a good idea to threaten to sue, i would not promote bringing forth legal action. friends of mine went through something similar and they sued, but now they’ve already spent double what they were owed on legal fees. the judge ended up telling their landlord to give back the security deposit but not the legal fees, but then their landlord appealed — so they still haven’t seen any money from their landlord and they’re out about $1000 more.

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