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Old 04-29-2011, 09:37 AM
 
Location: St Louis County, MO
711 posts, read 2,103,230 times
Reputation: 349

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We paid $882 security deposit on the house we live in. About 2 months after we moved in, the company sold to a new company. The new landlords have been decent, but after only 1 year we are ready to move. We were going to move to one of their other homes, but the owner of the company died. Since the owner of the company died and the house needs some structural work before the city will allow it to be occupied, they said they were going to hold off renting it out until after the company has been transferred to a new owner (an heir, most likely). The reason for this is the new owner (heir) may sell off the home and not want to put a bunch of work in to it (leave it to the new owners to complete that work). We had already signed a lease when the guy died, just hadn't moved in yet. We're not going to put up a big fight over that, saying we had already signed the lease and what not, especially because I had not gotten my copy from my leasing agent yet.

Any way, here's the bad part that I need some advice on. I don't have the lease - it evidently got lost in the move sometime. However, US Bank is sending me the front and back of the check I gave for deposit - which most likely says "Deposit for [address]" in the memo part. Do you think that's enough to take this to small claims to try to get my money back? If it does go to small claims, do I sue for the entire amount, or do I try to keep it real and take a couple hundred off for cleaning and what not?

They have been telling tenants who move out of their homes that were first owned by the previous company to contact the state's attorney in Missouri and file against the last owners of the house. Well, even though I thought it was a long shot from the beginning and that they were being shady by trying to blame the last company, I went ahead and tried it. It took no time before the attorney general contacted me and said they don't get involved in landlord-tenant disputes. So that avenue has been examined to no avail. I would think that the law would say that when they bought the home they bought all of the debts and liabilities from the other company - not just the profit they make from it.

Any advice you have is appreciated - and I already know I should have put the lease in a safe deposit box, but I didn't and there's no changing that.
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Old 04-29-2011, 10:06 AM
 
912 posts, read 5,247,681 times
Reputation: 2089
Quote:
Originally Posted by AJohnston_STL View Post
I would think that the law would say that when they bought the home they bought all of the debts and liabilities from the other company - not just the profit they make from it.
I am far from a lawyer, but I believe that is correct. When the new LLs acquired the residence, they should have also acquired all the security deposits with it. If they didn't, then that's on them.

But they still owe you the money regardless. Of course, minus damages and past due bills.
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Old 04-29-2011, 10:51 AM
 
4,399 posts, read 10,647,367 times
Reputation: 2383
Quote:
Originally Posted by AJohnston_STL View Post
We paid $882 security deposit on the house we live in. About 2 months after we moved in, the company sold to a new company. The new landlords have been decent, but after only 1 year we are ready to move. We were going to move to one of their other homes, but the owner of the company died. Since the owner of the company died and the house needs some structural work before the city will allow it to be occupied, they said they were going to hold off renting it out until after the company has been transferred to a new owner (an heir, most likely). The reason for this is the new owner (heir) may sell off the home and not want to put a bunch of work in to it (leave it to the new owners to complete that work). We had already signed a lease when the guy died, just hadn't moved in yet. We're not going to put up a big fight over that, saying we had already signed the lease and what not, especially because I had not gotten my copy from my leasing agent yet.

Any way, here's the bad part that I need some advice on. I don't have the lease - it evidently got lost in the move sometime. However, US Bank is sending me the front and back of the check I gave for deposit - which most likely says "Deposit for [address]" in the memo part. Do you think that's enough to take this to small claims to try to get my money back? If it does go to small claims, do I sue for the entire amount, or do I try to keep it real and take a couple hundred off for cleaning and what not?

They have been telling tenants who move out of their homes that were first owned by the previous company to contact the state's attorney in Missouri and file against the last owners of the house. Well, even though I thought it was a long shot from the beginning and that they were being shady by trying to blame the last company, I went ahead and tried it. It took no time before the attorney general contacted me and said they don't get involved in landlord-tenant disputes. So that avenue has been examined to no avail. I would think that the law would say that when they bought the home they bought all of the debts and liabilities from the other company - not just the profit they make from it.

Any advice you have is appreciated - and I already know I should have put the lease in a safe deposit box, but I didn't and there's no changing that.
Wait for the statuatory period for the return of the security deposit, and then sue for either the entire amount or the entire amount+ punitive damages teh state allows(several states allow you to sue fo 2x or triple the amount, if the landlord ignores his responsibility in handling the deposit or wrongfully witholds it). Its the landlords job to document what he is keeping your deposit for, not yours. And the new landlord owes you the money, not the old one.
The canceled check is definetely enough for court. If the memo is blank, print out all the checks and the judge will infer from the rent amount(and the fact that there are 2 payments for that month) that the payment was a security deposit.
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Old 04-29-2011, 12:16 PM
 
4,918 posts, read 22,638,860 times
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Grab a copy of your states landlord tenant law (just do a seach and you'll get the offical laws from MO) and look under the section for security deposits. Follw what jdm said and wait for the required time period to expire and follow what the law says you do next if the security deposit is not returned.
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Old 04-29-2011, 02:46 PM
 
Location: NJ
17,574 posts, read 46,050,732 times
Reputation: 16273
Agree with some others. Let the time expire where they are required to get it back to you. Then inform them you will be taking them to small claims court for whatever the maximum penalty is allowed in your state.

I wouldn't tell them before hand. That will give them the opportunity to lie about damage to the house.
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Old 04-29-2011, 05:30 PM
 
Location: St Louis County, MO
711 posts, read 2,103,230 times
Reputation: 349
Thanks everybody!

I looked up Missouri's landlord-tenant laws and found that they have 30 days to return the security deposit or I can sue them for up to 2x the security deposit. Sounds like if this house doesn't work out I'll be bringing in a cool $1,764. I've been an excellent renter. I always pay on time or even early, and even the landlord has told me that we have been good tenants. That makes it all that much more frustrating. I would imagine they will lie about the condition the house is left in and what not, which means I need to take a lot of good pictures and get them printed to take to court with me. Really wish I hadn't been stupid and lost the lease. I contacted the old landlord and unfortunately they didn't keep the lease.

Thanks again everyone, I'm pretty stoked to find this out - just hope I can come up with the security deposit for a new place.
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Old 04-29-2011, 06:47 PM
 
232 posts, read 1,650,887 times
Reputation: 241
Quote:
Originally Posted by AJohnston_STL View Post
I would imagine they will lie about the condition the house is left in and what not, which means I need to take a lot of good pictures and get them printed to take to court with me.
I don't think that will matter. If the state law says that the landlord has 30 days to return the deposit, or send an itemized list as to why it is being withheld, and the landlord does not do either, then they lose all rights to the deposit.

Of course, they could send an itemized list and lie in the list, in which case it is good to be prepared.

But if they do neither, I believe the judgment would automatically be in your favor.
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Old 04-29-2011, 10:27 PM
 
Location: St Louis County, MO
711 posts, read 2,103,230 times
Reputation: 349
Quote:
Originally Posted by floridacara View Post
I don't think that will matter. If the state law says that the landlord has 30 days to return the deposit, or send an itemized list as to why it is being withheld, and the landlord does not do either, then they lose all rights to the deposit.

Of course, they could send an itemized list and lie in the list, in which case it is good to be prepared.

But if they do neither, I believe the judgment would automatically be in your favor.
Sounds very promising

I'm going to revel in being able to stick it to them for doing this crap. I'm probably going to end up having to borrow money from my parents or 401k to pay my next security deposit because of it. I'd rather try to save up some dough, but with some new expenses that's going to be difficult - but we're hoping to grow as a fam soon so moving will be necessary.
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Old 05-04-2011, 12:01 AM
 
40 posts, read 119,682 times
Reputation: 50
Definitely take lots of pictures to prove your case. I think judges have a certain amount of leeway in cases like this.
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Old 05-07-2011, 06:54 PM
 
Location: Tampa (by way of Omaha)
14,561 posts, read 23,006,961 times
Reputation: 10356
Quote:
Originally Posted by sandstorm6 View Post
Definitely take lots of pictures to prove your case. I think judges have a certain amount of leeway in cases like this.
Agreed. Document everything and then slam dunk (in court, of course) these people for screwing with your money. From what you've said here they have no case.
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