Security Deposit mailed to old address & now late (Concord: apartment, lease)

[inthemiddle99]

I recently moved out of an apartment in NH I provided the proper 30 days notice, returned keys on time and left the apartment in the condition I received it in.

Today, 45 days after lease termination I have still not received my security deposit back nor a list of items accounting for the deposit. NH law states that it is supposed to be returned within 30 days. RSA 540-A7 & 8

25 days after lease termination I inquired about the deposit and was told it was sent "a couple days ago". USPS has been backed up so I waited patiently for it to arrive. 2 weeks went by until I found out the deposit was sent it to my old address even though I gave her my forwarding address 30 days prior to moving out. I know she saw my new address because I provided my it on my Notice to Vacate and requested the check be sent there.
My old address was a PO Box which I did not set up for forwarding because I felt I had provided my new address to all necessary parties. Post office said they returned it back to sender. She claims she never got it back and was not aware i didn't receive it.

After I sent another NICE email inquiring about my security deposit, she is now supposed to be sending a check minus "damages" totaling $350 (again this is 45 days after move out) I dont know the specifics of the damages but I left the apartment as I found it and feel I am owed my entire $700.

I understand that I am legally allowed to sue for up to 2x the amount for it being late. However I would rather not have to take them to court. I am hoping to simply get my entire $700 Security Deposit back without any damages taken out.

Question 1) Am I still liable for alleged damages if I was not notified within 30 days?

Question 2) Would mailing it to the old address be considered "good faith" or neglect?

Question 3) How would this hold up in court?

Question 4) Opinions or experience on the matter??

I understand that any responses are not to be considered legal advice but simply opinions.
Thank you for any input

[Wells5]

Did you take photos of your apartment before you moved out? Having had experiences with lousy landlords, I always took photos of the apartment especially the oven. And do take them to court. You don't need a lawyer to file suite in NH District Court, small claims division.


https://www.nolo.com/legal-encyclope...-overview.html

[KCZ]

I doubt she's going to send you any check until the post office returns the first one to her. The post office here in NH is seriously slow right now (just took 6 weeks here for them to send a letter from Lebanon to Concord). She's probably going to claim the delay isn't her fault because you didn't provide the post office with a forwarding address (what were you thinking, that takes <5 minutes online) and she's not responsible for P.O. delays. I doubt you'll get 2x the amount due to delays. Do you have a copy of any of the paperwork documenting you gave her your new address?

She has to provide you with a description of the damages. If she has a photo and/or repair bill, it's going to be difficult for you to recoup that.

Good luck.

[omega145]

As you stated, you'll only get opinions here rather than real legal advice which isn't really going to help you. Did you call them and state your case? At the end of the day, while I understand the frustration, is $350 really worth it?