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I'm in a wierd situation, and I'm not sure what to do. I will try to keep this brief.
I had one year lease rental that expired in October. I spoke with Real Estate Company to let them know that I will not be renewing. I had everything out by the 28th of October,which is what they asked for...
and I was supposed to meet with the real estate agent to return the keys and collect my deposit....
The agent never showed on the day scheduled and my hundreds of calls have gone unreturned. It is now May, and they still haven't tried to contact me regarding the keys, or the deposit. Every time I call the RE agency, they send me to the agents voicemail. I've asked to talk to a manager and they refuse to connect me.
My question is 1) how do I go about getting my deposit back? 2) do I have any rights to use of the rental?
First, why are you dealing with a real estate agent for move out instead of with your landlord?
If you were out on time and left the apartment undamaged. You have a right to get your security deposit back. Unfortunately, you may have to sue the landlord if they do not voluntarily return it to you.
As for you having any rights to use of the rental, sorry, but the answer is no. If your lease expired and you moved out, you are done there. The issue of the deposit does not matter on that count.
They had a "reasonable" amount of time, usually 30 days is considered reasonable, to return your deposit and give you an itemized statement of any deductions.
Send a letter of demand, certified return receipt requested, to the office and look up the home's actual owner and send one there as well. If still no response then you can file in court and file a complaint with the Attorney General
I would caution against going in person, it could quickly escalate and you still have no proof of your demand.
At this point the best course of action is to send a demand letter for return of the full deposit, plus interest and fees stating you've left numerous messages to no avail and send it to both the home owner and the RE agent's office via certified mail, return receipt requested. Once you receive the green card back count down about 30 days and then file in court against both. Be sure you have your copy of the lease and receipt/cancelled check that you gave them the money and a copy of your move in condition report.
They're probably hoping you will go away.
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