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Established Contributor
thankfulheart
Posts: 619
Registered: ‎09-26-2011

Need my rental deposit back! vent...

Not sure where to post this, but it's credit-related as my CCs are now reporting balances due to having purchased a new house and the related expenses involved.  It's been almost 30 days and I haven't heard a peep from my former landlady and I really need my $1200 back to pay off CC debt. :smileysad:  I've read the law and it says she has 15 days to return the money if no deductions and a notice within 30 days by certified mail if she is deducting anything. If it goes beyond 30 days with no notice, she loses the right to deduct anything.  Wednesday is 30 days and I'm going crazy.  I'm guessing she's going to deduct for something or she doesn't know the law.  I really thought this would be easier.

 

On the one hand, I want to contact her, but on the other, I'd rather wait for the 30 days to pass at this point, so she forfeits her deduction.  Ugh.

Starting Score: 10/1/2011 EQ 568 TU 593
Current Score: EQ 664 TU 700 EX 701 (FAKO)

Regular Contributor
awal
Posts: 223
Registered: ‎10-25-2010

Re: Need my rental deposit back! vent...

[ Edited ]

You should check the laws for your state. Some states have laws that say if he landlord doesn't forward you security deposit within 30 days, they are responsible for paying you 2x the amount.

 

Also, I think the 15 days you mentioned only comes into play if the tenant is able to break the lease in extreme conditions  - but this might be different in your state.


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Senior Contributor
fishbjc
Posts: 3,414
Registered: ‎11-30-2007

Re: Need my rental deposit back! vent...

Did you perform a final walk through with her?  We left our sons college pad in immaculate condition.   We scrubbed, vacuumed and, took the appliances apart and  cleaned the windows.  AND TOOK PHOTOS.

 

Wouldn't you know it....they tried to deduct for the unit not being clean?  After a phone call AND a packet of photos, they went away.  

 

 

 

 

Moderator Emeritus
webhopper
Posts: 7,230
Registered: ‎09-16-2011

Re: Need my rental deposit back! vent...

Read your laws.... after the 31st day, send a Certified letter asking for the deposit back in full. Here is an example letter to get your full deposit back. Date Via Certified Mail Return Receipt Requested Landlord’s Full Name Landlord’s Street Address Landlord’s City, State and Zip Re: Demand For Return Of Security Deposit Dear Landlord’s Name: On __________________, 20__, I moved into Complete Address of Your Rental Unit. When I moved in I paid a security deposit in the amount of $____ in the form of a check, money order, cash and for which you did or did not provide a receipt. A copy is / is not attached. On __________________, 20__, I provided you with my written notice to vacate the premises. A copy is attached. On _________________, 20__, I did vacate the premises, but I have not yet received a refund of my security deposit. I know that State Law, found at , says that a landlord must return my security deposit within 30 after the tenant moves. When I left the rental, it was clean and in good repair, or in no worse repair than when I moved in [if applicable add, and I have pictures to prove this]. Therefore, under the law I am entitled to a full refund of my security deposit. I am now making a [If applicable add second] demand for the return of my security deposit. If I do not receive my money within 7 days, I will regard your keeping my security deposit as bad faith and will pursue my right to sue you not only for the return of the security deposit I paid, but also for two times the original amount paid (bad faith damages) as allowed by law. The prompt return of my security deposit will make a court action unnecessary. Please mail the security deposit to me at: Your Full Name Your Street Address Your City, State and Zip Sincerely, Your Full Name [If applicable…] Enclosures. Copy of my receipt [or check] for my security deposit and copy of my notice to vacate the rental unit.

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Valued Contributor
IOBA
Posts: 2,679
Registered: ‎08-13-2009

Re: Need my rental deposit back! vent...

I have one more thing to add to this...if she is not considered a landlord by county or state laws, then the rules are a little different.

 

For example, where I am, although I am a "landlord" and collect rent from my roomies, I do not own four or more properties.  In the eyes of the county, I am not a landlord BECAUSE I do not own more [and rent] three or more properties.   {which makes me wonder why I am paying taxes when I don't need to report the income!}

 

Therefore, I have a "reasonable" amount of time to refund a deposit.   According to my attorney, a "reasonable" amount of time could be up to 45 days in the eyes of the court.   I wouldn't do that - wait that long - but I would wait long enough to figure out the final utilities to include water (which the city will hold me responsible for regardless of who's name the account is in) and to do reasonable work.  So for me personally, I would be trying to take care of the security deposit asap.

 

I will be charging the tenants (against their deposit) to professionally steam clean the carpets in their rooms and to "clean" if they did not deep clean their space before they left.   

 

I would still suggest that on the 31st day you send that CMRR letter demanding or asking for your deposit back.   Call her too, on the 31st day, and ask where your check is.

Established Contributor
thankfulheart
Posts: 619
Registered: ‎09-26-2011

Re: Need my rental deposit back! vent...

[ Edited ]

OK, so here's the situation now. We are in FL, BTW, statutes are pretty cut and dried.  She just sent me an email and says she is going to deduct $200 for the extra 5 days into the month (verbal agreement), a $250 cleaning fee, and a bunch of other random things like carpets and toilet seats which are normal wear & tear ($350 worth). Besides that, she did NOT send the claims properly (within 30 days, certified mail, after which, she forfeits any right to a claim).

 

I'm sending her a certified letter telling her I will abide by the verbal agreement of $200 for the extra days and will concede the $250 cleaning fee (the sides of the stove were left dirty and the self-cleaning cycle run, but not cleaned afterward, long story, but I'll suck it up on that one), but the rest she must return to me within 7 days.

 

She's a bit of a flake, we had a terrible time getting things taken care of, so I did a lot of it myself. Also, we work for the same company, although not anywhere near one another, I just hate having a sour relationship like this.  I just want it to be over, but I really can't afford to lose that much money in the deal or I'd walk away.

 

Oh, and she has several rental units, so I'm not concerned about the being an official landlord. We did have a signed lease for the 3 years we were there.

Starting Score: 10/1/2011 EQ 568 TU 593
Current Score: EQ 664 TU 700 EX 701 (FAKO)

Valued Contributor
IOBA
Posts: 2,679
Registered: ‎08-13-2009

Re: Need my rental deposit back! vent...

Keep us in the loop.  I would like to hear how it pans out.   I hope she refunds the money.  When you send the letter, if you can, include the codes/laws you were quoting to us from.  It might motivate her to release the money without a fight.

 

 

Valued Contributor
jsickz32
Posts: 1,987
Registered: ‎06-25-2012

Re: Need my rental deposit back! vent...

When i rented my apartment, my landlord and i signed some papers saying that if he doesnt return my deposit in 30 days, im entitled to get twice the amount. And it keeps multiplying every 30 days i dont get my deposit back.
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Established Contributor
thankfulheart
Posts: 619
Registered: ‎09-26-2011

Re: Need my rental deposit back! vent...


IOBA wrote:

Keep us in the loop.  I would like to hear how it pans out.   I hope she refunds the money.  When you send the letter, if you can, include the codes/laws you were quoting to us from.  It might motivate her to release the money without a fight.

 

 


That's if I can even get her to pick up her certified mail...she hasn't yet and it's been almost a week.  I did quote the law in the letter so she would know that I know what I'm talking about.  I'm so ready for that chapter to finally be over (and my UTIL will be happier when I get my deposit back)

Starting Score: 10/1/2011 EQ 568 TU 593
Current Score: EQ 664 TU 700 EX 701 (FAKO)

Valued Contributor
IOBA
Posts: 2,679
Registered: ‎08-13-2009

Re: Need my rental deposit back! vent...

Speaking from experience, the post office will try to deliver the letter 3x, over a period of about 3 weeks.  If she does not accept it, they will return the letter to you unopened. Keep it just like that.   You can use it as evidence when you take her to small claims court.

 

Have you filed a complaint with the BBB?

 

With the AG?   I dunno if the Attorney General would be open to hearing the complaint, but you can try.

 

How far past the deadline for returning the deposit are you?  If it's been two weeks or more, still no money from landlord, go ahead and file in small claims court.  (usually civil court)    Ask for the full refund, plus the costs of sending CMRR letters to her, plus the court costs, PLUS interest.   


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