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I don't see anything in the law you posted that says what the procedure is if they don't return the deposit. Am I just missing it?
For example, in my state, if the LL doesn't return the deposit in the required 30 days, the tenant has to send a request, and the LL has 3 days to comply. They can still deduct their normal expenses in that case. Only if they fail to comply can you take them to court. You'll want to make sure your state doesn't have a similar rule.
In my office, I'm the person who cuts the security deposit checks, but we run 3 businesses out of the office, and I'm usually really busy, especially from the 1st to the 10th of the month. I usually figure all refunds the 3rd week of the month because it is my quietest time. But I don't send them out until the end of the month in most cases, because the tenant usually hasn't paid their final utility bill until then, and we don't refund the deposit until that bill is paid, or we have to hold enough from the deposit to cover it (yes, my utility company will bill the landlord if the tenant doesn't pay their bill). If the tenant wants it earlier, they need to pay that last bill first. So my deposit checks usually go out in the mail in the last few days they are legally allowed to. Your landlord may do something similar, and you may get the check back this week.
But I actually appreciate a reminder call from the tenant, because I do occasionally miss one. Some months we might have 10 people move out, and it is easy to overlook someone's refund. I've only missed a couple over the 10 years I've been here and many hundreds of moveouts, but it does happen occasionally. Your LL is only human, and if they have a lot of properties, they may have just missed you. Give them a call or email and remind them. Personally, I would hate to waste my time and money taking someone to court for a simple oversight.
I have only had one in 10 years who sent me a letter like you are suggesting, demanding the full return of the security deposit. I had missed it. The ironic part was that they had been really good tenants, had left on good terms, and were going to get their entire deposit back anyway. But the tone of their letter (sent from a lawyer and threatening legal action) left a bad taste in my mouth, and because of that alone, I would not rent to them again if they ever called up looking for a place. True, I made a mistake, but instead of handling it like an adult and just calling me, they consulted a lawyer and sent me a threatening letter. Burned that bridge behind them.
Check your county web site in regard to Small Claims Court - and filing a claim. They might have a section on landlord-tenant issues and possibly a subsection on return of security deposit. Thet might suggest (and have a general format) that BEFORE you file small claims court, that you create a "demand letter" and send to the landlord. You give the basics such as move in date, amt security paid and when, move out date, end of lease date, date you gave notice and whether it was proper 30 days notice.
Also quote the state law (including statute#) that specifies the # of days landlord had to refund security deposit or give itemized list. Specify in demand letter that you gave forwarding address of 123 main street, city, state. also state that it has been 45 days and you have not received sec deposit or itemized list. Then DEMAND that the entire $1800 security deposit be returned by XXX date (give 10-15 days) or you will file in small claims court. ****
Also check to see state law and whether the attorney fee and court costs are awarded to the winner in regard the landlord tenant security deposit issues. If so, copy/paste this law as well and let them know in the demand letter that they could owe more than $1800 if you prevail in court.(they don't know whether you will have a $500 attorney fee or not, which is good).
Small claims court might want you to send the demand letter prior to filing a new small claims court case. So have proof of mailing this to landlord.
Also if any statute that says the landlord tenant laws are followed even if the lease specifies something different....because this really is the case and you want landlord to know that his lease term is not enforceable.
I agree that you should wait the full 45 days before you take action. Else you might get a laundry list of huge charges on the last day. You don't want that.
Check state law to see if you are due 2x or 3x security deposit if landlord does not comply to the 45 day rule. Each state varies.
You probably would get the check from ll after you send a demand letter. If you don't, and you end of filing a claim, realize that ll might want to settle rather than go to court. Then you decide if you want the $1800 plus court costs/filing fee as settlement then you drop the case. Or you go to court and you should easily win, is my guess.
I don't see anything in the law you posted that says what the procedure is if they don't return the deposit. Am I just missing it?
For example, in my state, if the LL doesn't return the deposit in the required 30 days, the tenant has to send a request, and the LL has 3 days to comply. They can still deduct their normal expenses in that case. Only if they fail to comply can you take them to court. You'll want to make sure your state doesn't have a similar rule.
In my office, I'm the person who cuts the security deposit checks, but we run 3 businesses out of the office, and I'm usually really busy, especially from the 1st to the 10th of the month. I usually figure all refunds the 3rd week of the month because it is my quietest time. But I don't send them out until the end of the month in most cases, because the tenant usually hasn't paid their final utility bill until then, and we don't refund the deposit until that bill is paid, or we have to hold enough from the deposit to cover it (yes, my utility company will bill the landlord if the tenant doesn't pay their bill). If the tenant wants it earlier, they need to pay that last bill first. So my deposit checks usually go out in the mail in the last few days they are legally allowed to. Your landlord may do something similar, and you may get the check back this week.
But I actually appreciate a reminder call from the tenant, because I do occasionally miss one. Some months we might have 10 people move out, and it is easy to overlook someone's refund. I've only missed a couple over the 10 years I've been here and many hundreds of moveouts, but it does happen occasionally. Your LL is only human, and if they have a lot of properties, they may have just missed you. Give them a call or email and remind them. Personally, I would hate to waste my time and money taking someone to court for a simple oversight.
I have only had one in 10 years who sent me a letter like you are suggesting, demanding the full return of the security deposit. I had missed it. The ironic part was that they had been really good tenants, had left on good terms, and were going to get their entire deposit back anyway. But the tone of their letter (sent from a lawyer and threatening legal action) left a bad taste in my mouth, and because of that alone, I would not rent to them again if they ever called up looking for a place. True, I made a mistake, but instead of handling it like an adult and just calling me, they consulted a lawyer and sent me a threatening letter. Burned that bridge behind them.
We did almost everything by email, except for the deposit and signing of the lease. My intention is not to get nasty with them, it is to get the full deposit back which is due to me since we left the place in better shape than we found it. They only rent out 2 units, so I'm not real sure that it has much to do with them being busy. They are not massive property owners or anything like that. Also, I DID send them an email about 2 weeks after we moved out, thanking them for renting to us, and providing our forwarding address to them. You would think this would be a sufficient reminder for them.
I may end up calling and sending another email after the 45 days are up which is on Dec 15, to pleasantly remind them about it, but I will not wait another month to follow up with a certified letter and / or letter from an attorney. We were great tenants to them, they knew it, and were sorry to see us leave. Especially given that the ups stairs tenants (who we got to be friends with as well) turned out to be rather nightmarish for them, and they even said as much to us. Anyway, my goal is not to get nasty or be mean, it is to get what is owed to us, back. We are not made of money, and the 1,800.00 check we get from the deposit is needed and will be used for necessary items. So while I want this to end well and for us to remain on a pleasant basis, and will do everything I can to see that that happens, we also will not be walked on either. Operating a rental unit of any kind is a business and should be treated as such. Its a "job" even though it may not be their full time job. They are a business and we were paying customers and now we are owed something back. It really should not take pulling teeth to get what is legally owed to us back. I suppose if it does, then we would not want to rent from them again anyway. Not that we ever intend to go back to Old Town to live, and to downsize and pay more again. If anything we will continue to upgrade / pay less by moving into more rural areas. By law, even if it does not end well, they still must provide a good reference for us because we paid on time every month and did no damage to the property at all, and almost never complained about anything. If something small went wrong, I fixed it myself if I could. For instance my toilet seat (it was cheap plastic) broke. I went out and bought a $30.00 one and replaced it myself with one that was better than the cheap one that was there. The upstairs neighbors would call and complain about such things, even that small, and want someone else to do it. I've never been that way. i have a long line of past landlords that liked me as a tenant and person, and even have a few letters expressing that were I ever to want to rent from them again they would gladly have me back. Anyway...
I sure hope it does not come to anything nasty, but I suppose if we are backed into a corner we will have no choice. I'll keep this thread updated so everyone that has been so helpful so far will know the conclusion to this. Thank you all again!
So you just sent one e-mail? And it doesn't seem like you even mentioned anything about the security deposit specifically? Who knows, maybe they think you're not expecting it to be returned. I would probably call, or e-mail again (and mention the security deposit) before sending the certified letter (at this point you can probably still wait the 2 days to do that). If they still don't respond, then I'd go with the certified letter.
So you just sent one e-mail? And it doesn't seem like you even mentioned anything about the security deposit specifically? Who knows, maybe they think you're not expecting it to be returned. I would probably call, or e-mail again (and mention the security deposit) before sending the certified letter (at this point you can probably still wait the 2 days to do that). If they still don't respond, then I'd go with the certified letter.
That is what I said I think I'm going to do in my last post. Not going with the certified letter straight away, but will if I don't hear anything back in about a week.
I know its "nice" to send reminders and everything, but really, in all honesty its not my responsibility. Ill update this thread once I know more about the outcome so others might be able to get info they need from it.
I doubt you will get a response. The post was almost 4 years ago.
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