It has been over 30 days. I am putting my grandson through college at STC and am need of that return of deposit in order to rent property close to STC. We are now living with friends.
Contact your local paper or tv station that investigates consumer complaints. Sometimes the chance of appearing like a bad guy on tv will get people to cooperate.
Sounds as though you did everything right. A landlord will often keep the security deposit until he is certain you did not leave with any unpaid utility bills. Did you have any pets permited or not? The landlord has a right foryou to pay for carpet cleaning if you did. I am a landlord and this very morning had to evict six dogs and a monkey! If there are other tenants ask what their experience has been with this landlord some are good and some not so much
I gave them the required 30 day notice and fulfilled the entire one year lease. Was NEVER late with one payment. Geez, anything else I could of done wrong?
Good point on not calling; unless you recorded the call after advising that you were doing that, you'd have no proof. If you did state your were recording the call, the call might be terminated or noncommittal.
FF makes a good point which I had forgotten - escrowing deposits in a separate account, with prohibitions on use for any other purposes except holding the funds in escrow.
You're also way ahead of me in considering your options.
You might be able to use e-filing to initiate suit, although I'm not sure if the filing fees could be by e-check. One appellate court began mandating e-filing over a decade ago; I don't recall whether it was a Michigan or district appellate court. Although I haven't checked, it wouldn't surprise me if other courts have moved to e-filing as well.
Frankly, I hesitate to call her since there would be no written or electronic record of what transpired and would be worthless in court and a shouting match would be of no value to anyone. I've kept all the email correspondence and since I am not back in Texas will have to wait until I return until I can file in respective county
I'm impressed, especially with having taken photos when you moved in. If the manager hasn't sent the deposit within the time specified in the lease for doing so, I guess you'll have to take legal action, although it is possible that he/she's not stalling but just hasn't gotten to it. Have you had any verbal contact to infer that returning the deposit will be an issue?
If the deposit isn't returned and there's any way you could prove that the $1100 is reserved for improvement, I believe that would be a contractual breach under the lease. You might then have grounds on that basis as well as for the failure to return the deposit.
Out of curiosity, do you know if other tenants have had problems with return of deposits? Is the landlord evicting people just to get them out?
mwilson, that was an excellent idea of taking photos of the rental prior to moving in. By law, the landlord has to return the security deposit when the property is left in good condition. In some States, that security deposit belongs in a separate checking account by the landlord, and in some cases you get the interest gained on the account, again it depends on what is normal in your area.
By chance, did you use your own Realtor to find the rental? If yes, give him/her a call and ask what he/she would recommend.
Also, Google "how to file a lawsuit for security deposit", lot of good advice there, too.
It was a regular 1 year lease. A certified letter was sent with a demand. Place was left in better condition than we found it. Took pictures when moved in for verification. Think I did everything right; however, now the owner wants to sell the place and I am afraid that $1100 will go to improve the place for sale.
mwilson, another question, what type of lease did you have, if any? Were you 1-year, 2-year, then month-to-month? Did you stay until the end of the lease?
Return of deposit is contingent on leaving the property in good condition. Were there any issues that needed to be addressed, or was it left in the same condition it was when you rented it?
What have you specifically done? Have you written a demand letter, sent it certified or registered to the landlord, not the property manager? Send it to the company identified as the landlord on your lease. Include a history of your contacts with the property manager.
In the meantime, check your local courts to see if they have landlord-tenant divisions and what you need to do to file suit. You might also look for pro bono (free) legal counsel in the event you have to go this route.
As a last resort, there's always the news stations; they love publicizing underdog stories.
The Property Manager needs to give you a reason why he/she is not returning the security deposit. Plus, look at your lease and see how many days for returning a deposit, not all are 30 days, some could be 60 to 90 days.
I am a landlord and this very morning had to evict six dogs and a monkey! If there are other tenants ask what their experience has been with this landlord some are good and some not so much
FF makes a good point which I had forgotten - escrowing deposits in a separate account, with prohibitions on use for any other purposes except holding the funds in escrow.
You're also way ahead of me in considering your options.
You might be able to use e-filing to initiate suit, although I'm not sure if the filing fees could be by e-check. One appellate court began mandating e-filing over a decade ago; I don't recall whether it was a Michigan or district appellate court. Although I haven't checked, it wouldn't surprise me if other courts have moved to e-filing as well.
If the deposit isn't returned and there's any way you could prove that the $1100 is reserved for improvement, I believe that would be a contractual breach under the lease. You might then have grounds on that basis as well as for the failure to return the deposit.
Out of curiosity, do you know if other tenants have had problems with return of deposits? Is the landlord evicting people just to get them out?
By chance, did you use your own Realtor to find the rental? If yes, give him/her a call and ask what he/she would recommend.
Also, Google "how to file a lawsuit for security deposit", lot of good advice there, too.
What have you specifically done? Have you written a demand letter, sent it certified or registered to the landlord, not the property manager? Send it to the company identified as the landlord on your lease. Include a history of your contacts with the property manager.
In the meantime, check your local courts to see if they have landlord-tenant divisions and what you need to do to file suit. You might also look for pro bono (free) legal counsel in the event you have to go this route.
As a last resort, there's always the news stations; they love publicizing underdog stories.