Security Deposit Question (apartment complex, lease, attorney)

[confused14law]

Hey everyone. First I would like to thank everyone in advance that responds to this post. I am confused. Currently I am in a battle with my old apartment complex. When I moved out, I called to schedule a walk through and they deemed it unnecessary.

After 26 days of moving out, I was yet to hear anything back regarding my security deposit. I called up and they said it was in the mail. Eventually on the 35th day, I received a letter in the mail regarding an imposition on my security deposit for $115 with an itemized list stating Damages - $30, Cleaning $85. I realized the certified letter was post marked after the thirty days, and after talking with the manager they said I was being charged for things I felt were frivolous. Things like finger prints on door knobs, scratches on wall, etc. Things I felt were considered normal wear and tear. I sent a letter back claiming that I was disputing the charges and the fact that it was after the 30 days, and within the next couple days I got a check for my security deposit minus the $115.

After not hearing anything, and not getting answers I called their corporate office because when I was talking to someone, they said they were waiting on corporate. So I decided to go to the horse’s mouth and find out what was going on. The lady at corporate said that I was getting another letter soon in response to the one I sent. The letter was basically saying since they could not confirm when the letter was post marked, they were going to refund the rest of my security deposit, but they stood behind their charges of $115 and said that I had 30 days to pay or they would send it to collections.

Question: Is this legal? According to the lease and state law, after 30 days they forfeit their right to impose on the security deposit. How is it possible that they are still able to charge me?

[kshe95girl]

No, it is not legal. They are counting on your ignorance of the law. You might need to send them a copy of the state laws, and include a copy of the lease.You didnt say whether corporate was in the state of Florida, and I am betting it is not. In that case, they are probably not well-versed in Florida laws.

[going2ocala]

You should threaten legal action and if need be sue them for the rest of your deposit

[cfIfan]

I would recommend writing them a letter stating you dispute the charges, and include a copy of the envelope of the letter they sent showing the postmark.

Include if this matter is not resolved within 14 days then you will pass it onto your attorney.

It would cost you alot in the long run but there is a principle involved. Given you didnt have a walk through with this company, did you take photographs showing the condition of the unit when you moved out?

Gor a large company this really is dispicable behaviour, although a cleaning fee is quite common, but finger prints on door handles is ridiculous.

[amberll 193]

So as long as the intention to impose a claim within 30 days is postmarked before the 30 days is it okay and then the person has 14 days from receipt to give their writtrn objection?

[amberll 193]

So as long as the intention to impose a claim within 30 days is postmarked before the 30 days is it okay and then the person has 14 days from receipt to give their written objection?