Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Landlord calls me and says they will not be renewing my lease that was expiring soon. Says they will be moving back in. So I agree to move out and end up finding a new place a month before the lease ends. Gave them notice and let them know when I actually will vacate the property. Landlord agrees to refund a portion of the month's rent. Did the final walk through, agreed to some of the minor deducts from the deposit (cleaning). Landlord says check was in the mail, then let me know that due to fraudulent activity whatever check that was sent out would be no good. Landlord says a replacement check will be sent once they establish a new checking account. I have yet to see the "no good" check and it's been 24 days since I vacated. Then the landlord said the replacement check was mailed...then a couple of days later I get another email saying that the replacement check has not been mailed and that I should expect it next week. I already let them know that I still haven't got the first "no good" check.
Because of all this, I've been doing some Googling on my former rental. Come to find out, it was put up for sale. It has only been 24 days since I left, again under the impression that they were moving back in. It's obvious from all the real estate websites that major work had been done to get it ready for the sale, including freshly painted walls and newly landscaped yards. All of this work done, and I have yet to see the monies from my deposit.
What are my rights? As you are all aware, moving is not that easy and on top of that I've yet to see my deposit.
to start, you shouldn't care whether they sell the house, or keep it, or move back in or don't. That's just none of your business. They wanted you out, and the have the right to do so.
Secondly, did you leave damage/dirt/garbage that would warrant legitimate deductions from your deposit? And can you prove you didn't? You generally do this with before and after pictures.
Read your state's laws, it should tell you how long the landlord has to give you an itemized bill of deductions. Its generally 30 days, but it does vary from state to state. If they miss the deadline, then you'd get your entire deposit.
I really don't care if they put it up for sale. My real frustration is that I have not received the deposit refund, 24 days after I have vacated (I believe they have 21 days to return refund), claiming fraudulent activities, yet they had funds to prepare the house for sale.
The day of my walk through, there were already landscapers working on the yard. And I still agreed to the minor deduct for cleaning. They gave me an itemized list and said check was in the mail.
Either go to the first "sticky" on this forum and follow a link to your state landlord tenant laws or google, "(your state) rental security deposits" and you'll find the time your LL has to return your security deposit less any documented deductions. The instructions are very clear. If he doesn't do what he's supposed to do then you can file a claim in Small Claims court for the full return of your deposit, court costs and any penalties the state says you can claim.
Either go to the first "sticky" on this forum and follow a link to your state landlord tenant laws or google, "(your state) rental security deposits" and you'll find the time your LL has to return your security deposit less any documented deductions. The instructions are very clear. If he doesn't do what he's supposed to do then you can file a claim in Small Claims court for the full return of your deposit, court costs and any penalties the state says you can claim.
Thanks. It looks like the 21-day refund rule is applicable. I'm trying to be understanding about the supposed fraudulent activity on his account, but not only do I not have this deposit refund $ks, but I had to shell out $ks for the deposit on my current rental. I really don't want it to come down to Small Claims, but if I must, then I must.
I'd be inclined to send him a letter (you can send an email followed by a hard copy) advising that as much as you sympathize with the issues he's apparently been having, the state-mandated time limit for returning your security deposit has already passed. Tell him it's been a great inconvenience for you to have been told a couple of times that the "check is in the mail", it's disrupted your own finances and that you feel at this point that the whole security should be returned to you in accordance with state law. That you'd hate to be forced to take further action, etc. etc. Hopefully he'll agree but, if he doesn't, just go ahead and file your claim.
Fraudulent account whatever excuse or not, selling or moving in the house is NOT your problem. Your problem is the LL giving you excuses and not following the law. He COULD go bring you a cashier check or money order or CASH. Meet him at the bank and pull out cash. What a load of crap. Since you're PAST the 21 day limit for him to refund you whatever agreed upon amount send him a letter of demand for your FULL deposit. I bet he didn't even send a itemized letter with whatever charges he supposedly deducted. If so too bad so sad. He wants to play LL he might as well learn how.
I don't see any need for the LL to issue the deposit refund in certified funds. However I think any LL would be a fool, as I recently learned, to allow the tenant to get their bank account number.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
