Okay, now that I'm a tenant again after having been a manager for 8 years, I'm remembering how awkward it can be to stand up for what's right, yet somehow try and keep a good relationship with the manager at the same time LOL!
My situation is legally awkward - at least to me. I'm curious as to what you think would be the appropriate thing to do.
Here's the story:
On Nov 4th, I moved into my apt. It is a senior low-income refurbished hotel. My apt is a tiny studio.
Pets are allowed 25 pounds or less.
When I arrived on Nov 4th, after driving 4 hours from my last place, I signed all paperwork as quickly as possible (you wouldn't believe the paperwork for federal/state/city funded tax properties!), and hurried to get the waiting moving guys to work moving my stuff.
The manager knew I intended to get a dog, I told her I was going to meet one the next day and would probably bring it home. So, I also gave her a $50 check towards the $300 pet deposit. They allow tenants to break up the pet deposit into payments.
I did not tell her I had a letter from my doctor requesting I be allowed to have an emotional support dog, which would mean the pet deposit should be waived, as long as management had no issue with the request. I hadn't mentioned it during any of our phone calls or when I was interviewed, as I had not asked my doctor for a note yet, and wasn't sure I could get one before I moved.
I didn't want to get into a discussion that would take any more time, as the movers were costing me money just sitting around waiting for me to get my keys.
The manager also said I needed to bring her the dog vet info and the dog needed a rabies shot. I did pick up the dog the next day, Nov 5th, and took the dog to the vet and got rabies shot on Thursday, Nov 7th and had the info ready for management on Friday Nov 8th, but manager doesn't work Fridays.
On Monday, Nov 11th, she also had the day off for the federal holiday. On Tuesday, Nov 12th, I took her the doctor's letter and all the vet info and proof of rabies shot and dog license, etc.
The manager was great about it, deals with support dogs all the time, etc., said all looked in order. I asked her if I should just deduct the $50 toward the pet deposit (which was now waived because the dog is an emotional support dog) from my December rent, and she said yes.
So, Dec 1st I put my rent check into the drop box less the $50 for the pet deposit.
On Dec 3rd the manager calls me and says that the security deposit refunds must come out of another account, via a different procedure, and that I needed to give her a check for the $50 missing from December rent.
In my sweet voice, I asked her when I will get the $50 refund. She says, she just faxed that department (in another city somewhere - they manage many of these converted low income senior projects), as well as emailed them, but that they have 21 days to pay me.
I disagree that the 21 days normally used to return a security deposit - after a tenant has vacated - applies to this situation at all. But, again, in my sweet voice, I said, okay, that would be by Christmas then? Oh yes, at the latest.
Well, nothing yet. I called to follow up....you got it....in my sweet voice again and she seemed baffled I hadn't received it yet. She then followed up and emailed them again and/or called them, told me another such check was already processed that was done at the same time mine should have, and that I should get my check any time now. At that time, she did share some frustration with her upper managers, in that they tell her one thing, then tell her something else. I do believe this to be true, though she can be a tad scattered, I believe she thought it would be fine to just take it out of rent, then was told otherwise.
Well, anyway, I still haven't received the refund.
I'm thinking I will just deduct the $50 if I haven't received it by the 1st, and include one of my famous letters...in my nicest tone possible.
What I am a bit baffled about is, if she pursues getting me to pay rent again in full, what should I do? I guess technically, they could serve me with pay or quit, as the deposit money is not rent. But, my other option would be to file a small claims action and charge them for the court filing fees, too, to get the deposit money back. I feel sure I'd win, and they'd have to pay my fees, but that sure wouldn't earn me any points here.
But, I gave her the doctor's letter on November 12th. If I don't have it by the 1st, that's a really unreasonable amount of time for me to wait on that money, let alone be legal if you want to try and make the 21 day deadline apply.
Right now, I'm not receiving my full SSI benefit, because of issues with my moving to a different county. Won't go into that. My point is just that I really need that $50. In my situation it might as well be $1,000 for the impact $50 has on my budget. My budget will be adjusted to my full benefit, I'm told, in February, thank goodness. But I could sure use that $50 now.
It's extra awkward, because I'm not a tenant who has vacated who has to sue a former landlord! I'm a tenant who just moved in, who wants to stay for many years to come, with a good relationship with the management.
What do you advise?
Oh and should someone decide to be nasty about my having an emotional support dog, I won't be addressing any comments on that subject. I want advice on how to get my $50 asap, without hurting a good relationship with management.
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