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Old 02-19-2013, 01:45 PM
 
36 posts, read 56,163 times
Reputation: 14

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Moved out of my apartment earlier this winter, gave over 30 days notice, left it clean, etc. I've been out of the country and I'm planning to move back at the end of the month, and my old apartment had not been rented out yet so was planning to move right back in. However, currently it's been 35 days since I moved out, and still no deposit (not even a letter). Management just changed about a month before I left, and they assure me I'll get it returned, but am skeptical at this point since it's already late and the manager allegedly has never gotten a response back from the accountant who is responsible for returning the deposit.

I really like the apartment and the area, but I'm not keen on writing more checks to a new management company that has not returned a deposit, and beyond that I think this might say a lot about the quality of the new management. I don't want to be moving back somewhere if it's going to take a month for a repair, and I'm also not too keen on living at the same complex if I end up needing to sue them for the deposit. Just looking for some general advice and what you might do in this situation.

Thanks
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Old 02-19-2013, 05:34 PM
 
344 posts, read 865,237 times
Reputation: 324
move back in, and worst case scenario is that you can pay your final month's rent with your deposit.

So if you get to the last month and you decide you don't trust them... lets say your deposit is 500 and rent is 900, just pay them 400 and tell them "goodbye"


A bunch of hard-asses will tell you this is a horrible idea, but I don't see a huge issue.
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Old 02-20-2013, 12:43 PM
 
Location: North Idaho
22,547 posts, read 28,491,298 times
Reputation: 43403
Quote:
Originally Posted by Ronnie555 View Post

A bunch of hard-asses will tell you this is a horrible idea, but I don't see a huge issue.
Other than possibly ruining your credit and having an eviction on your permanent record. Not a big issue for deadbeats, though, if you don't mind being branded a deadbeat.

OP, you've been out of the country. It's possible that the refund has been mailed to you and hasn't yet caught up to you.

Ask them if they will transfer your deposit to the new apartment instead of giving you a refund.

I've got to warn you, though. I am a landlord and most of my tenants' idea of "left it clean" is a very long ways from my idea of clean. So you may not be getting all your deposit back. My tenants get all their deposit back if the unit really is clean, but in 30 years of renting, I have gotten exactly 2 houses back that did not require additional cleaning. I usually put in a minimum of 2 hours of additional cleaning and it has been as bad as 3 weeks of additional repairs and cleaning and that tenant was whining because they didn't get their deposit back after leaving the house "clean".

I have a policy of giving 2 hours cleaning for free, as long as the tenant made a serious effort to clean. But most landlords do not allow that. Tenants generally get charged for every minute of cleaning.
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Old 02-20-2013, 01:09 PM
 
36 posts, read 56,163 times
Reputation: 14
Well in my situation the deposit would have mailed to an address in the same state, which should only take a couple of days. Besides the fact I probably spent 5 hours cleaning the place - in my state they can only withhold the deposit for legitimate damages or unpaid rent - on top of the fact that since it's already late they could be sued for triple the deposit regardless. Transferring to the new apt. isn't a bad idea.
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Old 02-20-2013, 11:31 PM
 
Location: Lakewood OH
21,698 posts, read 23,597,414 times
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It should only have taken a few days in your mind but consider the fact that the change over from their point of view may be taking a lot longer. You are not their only tenant and if they are managing multiple buildings they may be behind in their paperwork with everyone.

Have you tried reminding them you are still waiting? Remember it's the squeeky wheel that gets the grease. Not that you should be rude or demanding or anything like that but a polite letter or e-mail stating that you are still waiting and that if there is anything wrong you would like to be informed would be helpful.

Treat it as a business transaction because that's what it is. If they are withholding your security deposit for any reason you have a right to know that. If they intend to pay you, you have a right to know that too. But it just may be a case of their being behind in their paperwork.

But don't do anything illegal. You don't want a bad credit rating from this. Witholding rent is not legal and you could get yourself in more trouble than it's worth. Their actions isn't worth your breaking the law by your violating a contract that has your name on it.
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Old 02-23-2013, 03:27 PM
 
107 posts, read 175,233 times
Reputation: 50
Quote:
Originally Posted by oregonwoodsmoke View Post
Other than possibly ruining your credit and having an eviction on your permanent record. Not a big issue for deadbeats, though, if you don't mind being branded a deadbeat.

OP, you've been out of the country. It's possible that the refund has been mailed to you and hasn't yet caught up to you.

Ask them if they will transfer your deposit to the new apartment instead of giving you a refund.

I've got to warn you, though. I am a landlord and most of my tenants' idea of "left it clean" is a very long ways from my idea of clean. So you may not be getting all your deposit back. My tenants get all their deposit back if the unit really is clean, but in 30 years of renting, I have gotten exactly 2 houses back that did not require additional cleaning. I usually put in a minimum of 2 hours of additional cleaning and it has been as bad as 3 weeks of additional repairs and cleaning and that tenant was whining because they didn't get their deposit back after leaving the house "clean".

I have a policy of giving 2 hours cleaning for free, as long as the tenant made a serious effort to clean. But most landlords do not allow that. Tenants generally get charged for every minute of cleaning.

I was having this discussion with a friend of mine who is a property manager today. He said he has only given back a full deposit 1 time in 5 years, and that is because the tenant hired a professional cleaning company to come in and clean the town house. He spent nearly 400.00 in carpet cleaning(twice) the house cleaning and chimney clean.
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Old 02-23-2013, 04:45 PM
 
Location: North Dakota
7,672 posts, read 8,971,544 times
Reputation: 11010
Quote:
Originally Posted by krem1234 View Post
Moved out of my apartment earlier this winter, gave over 30 days notice, left it clean, etc. I've been out of the country and I'm planning to move back at the end of the month, and my old apartment had not been rented out yet so was planning to move right back in. However, currently it's been 35 days since I moved out, and still no deposit (not even a letter). Management just changed about a month before I left, and they assure me I'll get it returned, but am skeptical at this point since it's already late and the manager allegedly has never gotten a response back from the accountant who is responsible for returning the deposit.

I really like the apartment and the area, but I'm not keen on writing more checks to a new management company that has not returned a deposit, and beyond that I think this might say a lot about the quality of the new management. I don't want to be moving back somewhere if it's going to take a month for a repair, and I'm also not too keen on living at the same complex if I end up needing to sue them for the deposit. Just looking for some general advice and what you might do in this situation.

Thanks
Call them up every day and more than once a day until you get an answer. I had the same problem and in Wyoming tenants have almost no rights. I kept calling up the managers until I got the deposit back.
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Old 02-23-2013, 05:21 PM
 
Location: Chicago area
1,105 posts, read 2,901,239 times
Reputation: 2106
What state are you in? Laws are different in different states so they may how some more time to return it by law. If the time is up and you don't get your deposit very soon I would find another apartment. If you have to sue for your deposit back you don't want to live in the building. Then again, maybe you could just roll the deposit over into the "new" apartment.
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Old 02-26-2013, 02:36 AM
 
7,496 posts, read 9,726,980 times
Reputation: 7394
Keep on them about it and try to find out who is responsible for your deposit. FWIW, these apartment managers take their sweet time getting deposit money back, I didn't get mine after I moved for two months.
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Old 02-26-2013, 08:38 AM
 
Location: Western Colorado
11,062 posts, read 12,417,505 times
Reputation: 26016
I would call them daily, and send them a registered letter. Nothing in 30 days, take them to small claims court.
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