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Old 10-03-2014, 10:53 AM
 
1 posts, read 3,752 times
Reputation: 10

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I was a college student in Wisconsin. I moved out of the apartment in August 15th, 2014, but I have not received my security deposit which was a one-month rent. I called the management office, who insisted on mailing out the security deposit one month ago. The lady said they had proof of stamped envelope but refused to present it to me. She said she needed to charge me another $50 to stop the check and send me a new one. But I thought it was the landlord's responsibility of making sure tenant "actually" received the check.

So my question is if the landlord mailed out the security deposit but the tenant never received it. Is it landlord's responsibility of sending out another one or providing the evidence to the tenant? What should I do to solve my issue?

Please help me with it! Thank you!
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Old 10-03-2014, 11:07 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,418,810 times
Reputation: 26726
Quote:
Originally Posted by supertee View Post
1. The lady said they had proof of stamped envelope but refused to present it to me. She said she needed to charge me another $50 to stop the check and send me a new one.

2. But I thought it was the landlord's responsibility of making sure tenant "actually" received the check.

3. So my question is if the landlord mailed out the security deposit but the tenant never received it. Is it landlord's responsibility of sending out another one or providing the evidence to the tenant?

4. What should I do to solve my issue?
1. How does she have a "stamped envelope" as proof if the envelope was sent to you?

2. It is. If she has the canceled cheque she can show it to you. If she had sent it return receipt certified mail or Priority mail she would have proof of mailing and receipt. If she has no proof of mailing it and no canceled cheque to argue about she has nothing.

3. Yes.

4. In Wisconsin, landlords must return the security deposit within 21 days of the tenant leaving, less any itemized deductions. Tell the landlord that the legal deadline for returning the security deposit has long passed and that if you don't receive the full deposit within 10 days of the date of this letter you will, without any further communication or notice, file a suit in Small Claims court for its return.

Start with that and see what happens.
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Old 10-04-2014, 03:11 PM
 
27,203 posts, read 46,518,781 times
Reputation: 15651
She needs to show proof in the form of a receipt for a certified letter and if that has the wrong address on it or wasn't able to be delivered due to you providing the wrong address or if they wrote it wrong that will make a difference.

We send checks out by Bill pay so we have proof on our bank account and security deposit letters are mailed by certified mail except for one we send by email since we were corresponding with the tenant and she replied back since the place was left in such distress with no forwarding address and lots of mail was delivered to the post office by us to be returned to sender due to move of tenants.
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