Landlord issues

[ridgelines]

My fiance and I moved into a home we found for rent through a rental company. The house was perfect for my 3 year old, myself and my fiance and an amazing deal.

We paid rent on time every month - if not early. We did not cause issues. We kept the place in good condition. This, apparently, was not enough for the rental company.

Comments

[noelleleithe]

Send a certified letter, return receipt requested, stating the terms of the lease regarding the deposit and the timeline you were given. Say that you expect your refund in full within 2 weeks of their receipt of the letter, and an itemized list of any costs deducted from it.

If you don't get a response, sue in small claims court.

[polylizzy]

THIS

they have repeatedly BROKEN THE LAW by not notifying you they would be entering your unit and by actually entering it while you weren't there without authorization.

[curiositymelon]

^ IAWTC

Our apartment complex has monthly inspections and they are required to leave a note on the door as well as in the mailbox a few weeks prior with the date(s) of the inspections and if no one is home they don't enter due to legal ramifications if they break anything, accidentally hurt our animals, or if our animals get out.

They're also required to fix any and all issues when they're reported. Sure they charge us for the major things (for example, a hole in the wall) but the point is that they get it fixed in a timely manner. Most often same day.

Your landlord isn't likely fulfilling his end of the bargain on your lease. :/

[phenomenal]

Depending on the state you live in the landlord has anywhere between 21 and 30 days to legally return the security deposit.

But make sure they send an itemized list with anything they take money out of the deposit for. Don't expect any less.

[ladyluna]

This, find out the law for your state. One of the old places I lived in took somethign like 40 days to get the refund to me. I pointed out, per Minnesota law, they had to give me double the refund if they took more than 21 days. Took a few weeks of me emailing and saying I'd just HATE to take it to court, but they sent a second check.

[fluteaphrael]

In Florida I don't remember how long they had, but I ended up getting the full deposit back and they had ZERO recourse even if I had totally trashed the apartment because they were required to give me notice in x number of days by certified mail if they were keeping any and they did not. Now I had left the apartment in good order, but even if I had not, them not giving notice forfeited their rights. So totally check your lease and check your state law.

[paksenarrion2]

Google tenant laws for your city and state. They have to abide by those laws and they may have already broken them. Once you figure out what timeline they have by law to get you your deposit back, send a letter, certified, return receipt requested asking for an itemized invoice of the deductions they are taking from the deposit and a check for the balance of the deposit.

Cite the statutes you googled and enclose a copy with the letter showing that you know what the law is and the time frame they have to follow-they will be more likely to comply if they know you are informed.

I hope you took pictures of the place at move out so if they tried to charge you for things that didn't need to be cleaned/replaced (apart from the carpet you specified and any cleaning charges/things specified in your lease) you have back up to prove that they are trying to nickel and dime you to death. I wouldn't put it past them.

If Google isn't helpful or the info you find isn't clear, try posting your question over at law_questions

[aithyne]

Huh. Never thought about Doctor Who and Torchwood having the same letters...

[peppermintroses]

NOW I get it! I've been looking at that icon trying to figure out what it meant.

[alfiechat]

wow. good luck with this, and please let us know how it all turns out. I hope that sending in the statues with the letter makes things happen. that was a good idea!!!

[ext_256769]

In both states I've lived and rented in, the tenant is required to make a demand for the return of a security deposit in writing. Double-check your local statutes--there should be a section in there that specifically deals with security deposits and their disposition after tenancy ends. It should also detail the penalties for a landlord wrongfully withholding a deposit.

Your next attempt to contact them should be via Certified Mail with a Return Receipt (the green card). Also send them a copy via regular first class mail--that's how my landlords have always sent official notices. Even if they don't sign for the Certified letter, the other one will be delivered.

[catlin]

Wow. I have never heard such a thing before! Where we live it is the opposite. Deposits are required to go into an interest bearing account, and must be returned minus damages listed in written letter to the tenant.

[ext_256769]

Yeah, both Arizona and Kansas' residential landlord tenant acts specify that security deposits must be returned within X days after termination of tenancy, delivery of possession, and demand by the tenant. Kansas' law also provides for the event that a tenant doesn't make demand within 30 days, saying the portion of the deposit due the tenant needs to be sent to the tenant's last known address.