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Unfortunately, my LL didn't return a dime of my deposit or mail an itemized statement. I had the carpet professionally cleaned, and spent $100 for cleaning. We've gone long past the 21 day deadline, and he refuses to pick up his certified mail from the post office and his fax isn't set for automatic apparently, and he won't accept my faxes either.
Should I text him? Call? I suspect he's cash poor and over extended--should I offer to let him pay it back in payments? Or should I just give up and file?
What are the odds of receiving 2x the deposit from a judge? It seems like if he isn't dinged financially, he has no incentive to ever return deposits. Looking at the notes from other tenants that have taken him to small claims, they either didn't ask for 2x or didn't receive it and he always appeals the judges decisions, even when he's been ordered to repay a few hundred...
In my old state (WI) the process was pretty cut and dry. They either provide you an itemized list of what they are deducting from your deposit or refund it in full within 21 days or you are entitled to twice the security deposit plus court costs. There's no grey area. Not sure what the law is in your state. When I had a similar problem with one of my landlords, I tried to handle it through e-mail at first. After the deadline to return the deposit had passed, I sent them one more e-mail telling them they were beyond the deadline and that I was within my rights to sue them for double the security deposit, but giving them a week to pay up before taking them to small claims court. I didn't have to do that, but they still didn't pay. I filed the small claims paperwork and had the county sheriff serve them. You shouldn't be concerned with what his situation is. If he spent your deposit and is now trying to avoid paying you, don't even mess around with an installment plan or anything else - file the paperwork. For me, it was ~$100 to file and another $75 for service (3 attempts at $25 each, refundable if they are successful on the early attempts). If he doesn't show up in court, a default judgment will be entered for what you asked for. In WI, once the judgment is determined you can have it docketed and it'll go on their credit report. If they still don't pay up, you can ask the court to start garnishing their income. Again, not sure what the laws are in your state, but start the process now. Good luck!
Unfortunately, my LL didn't return a dime of my deposit or mail an itemized statement. I had the carpet professionally cleaned, and spent $100 for cleaning. We've gone long past the 21 day deadline, and he refuses to pick up his certified mail from the post office and his fax isn't set for automatic apparently, and he won't accept my faxes either.
Should I text him? Call? I suspect he's cash poor and over extended--should I offer to let him pay it back in payments? Or should I just give up and file?
What are the odds of receiving 2x the deposit from a judge? It seems like if he isn't dinged financially, he has no incentive to ever return deposits. Looking at the notes from other tenants that have taken him to small claims, they either didn't ask for 2x or didn't receive it and he always appeals the judges decisions, even when he's been ordered to repay a few hundred...
Thanks in advance!
I would definitely call and text him. Sounds like he may not answer your calls or texts considering what you are saying about him in your OP.
Let him know (through message and text) that you are going to file in small claims if you don't hear from him in x amount of days. Or just go ahead and file - you already tried to contact him and have proof of that, not that you needed to. It's his responsibility to provide you with an itemized list and your security deposit refund within the 21 days your state allows.
As far as the odds of receiving 2x the deposit? I have no idea. Ask for it, it can't hurt.
We've gone long past the 21 day deadline, and he refuses to pick up his certified mail from the post office and his fax isn't set for automatic apparently, and he won't accept my faxes either.
Should I text him? Call? I suspect he's cash poor and over extended--should I offer to let him pay it back in payments? Or should I just give up and file?
File. Keep the unopened returned by USPS Certified letter as proof of the attempt to make a demand before filing. Out of curiosity, what notation did the post office put on the Certifed letter for returning it to you?
Also, what state are you in as each state has their own rules for additional damages and penalties.
File. Keep the unopened returned by USPS Certified letter as proof of the attempt to make a demand before filing. Out of curiosity, what notation did the post office put on the Certifed letter for returning it to you?
Also, what state are you in as each state has their own rules for additional damages and penalties.
I started an investigation with the post office because it went over 10 days. They hadn't scanned it at his post office until that point, but have since updated it online, but have not yet returned it to me. He had been left 2 notices for my mail, as well as from at least one other person--which in hindsight makes sense because he "forbid" his tenants from mailing rent that was registered. When I looked at the small claims suits online there was a pattern of problems serving him.
I'm in CA. Sorry about that, I must have edited it out in my original post.
I started an investigation with the post office because it went over 10 days. They hadn't scanned it at his post office until that point, but have since updated it online, but have not yet returned it to me. He had been left 2 notices for my mail, as well as from at least one other person--which in hindsight makes sense because he "forbid" his tenants from mailing rent that was registered. When I looked at the small claims suits online there was a pattern of problems serving him.
I'm in CA. Sorry about that, I must have edited it out in my original post.
At this point, the returned certified letter should be enough to show you did try asking for the security deposit before suing in court. You next step is to file in small claims specifically asking for the full security desposit along with twice the amounbt due to bad faith on the part of the landlord. We can deal with all that later, but as soon as its clear the landlord is not going to accept your letter, FILE the lawsuit!
Does is even matter if the tenant can prove he tried to collect the money? Isn't it the LL's responsibility to take action and either give a itemized list or return the deposit?
File. As a LL I find it unacceptable to not take care of your tenants requests and settle any disputes or close out any past accounts. Hope you get your money back.
Quote:
Originally Posted by manderly6
Does is even matter if the tenant can prove he tried to collect the money? Isn't it the LL's responsibility to take action and either give a itemized list or return the deposit?
Does is even matter if the tenant can prove he tried to collect the money? Isn't it the LL's responsibility to take action and either give a itemized list or return the deposit?
It's one of the things a judge looks at in deciding "Bad Faith" It doesn't hurt to build your case for bad faith as you go since it makes it that much easier to get an award.
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