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OP: This really is a big deal. In case other posters didn't notice, it's not just a security deposit. OP put down 1st months, last months, and a security deposit, and the LL never gave him possession of the apartment for so much as a single day.
Rules on 'return of security deposits' aren't the issue here, it's "failure to deliver possession", which is usually an even bigger deal legally. Our state law -- which is not OPs, just an example -- provides for triple damages if a LL willfully fails to deliver possession of a unit and fails to return all pre-paid rent and deposits quickly (it's supposed to be within five days of a demand letter from the jilted tenant).
OP: This really is a big deal. In case other posters didn't notice, it's not just a security deposit. OP put down 1st months, last months, and a security deposit, and the LL never gave him possession of the apartment for so much as a single day.
The first several responses came from this thread being in another forum. It's now in the right place and I don't think anyone on this forum has failed to grasp the situation.
Apart from my earlier suggestion, the OP should go to the first "sticky" on this forum and find the link to his state landlord tenant laws which may help. As I said earlier, he has in my opinion a pretty clear cut case for small claims for return of every penny - and he can always ask for penalties as well as costs when filing his claim if the landlady doesn't come through after he sends a demand letter.
The court process for you looks intimidating to me. You can represent yourself, but even though I am comfortable with law and small claims court, when I looked at what you'd have to do, I would personally find it daunting. So, I think you should find an attorney to help you. It's possible all you will need is a scary letter from a lawyer to make her fork up the money.
Here are some options I found for you.
If you do not know a lawyer, you can call the South Carolina Bar Lawyer Referral Service weekdays between 9 a.m. and 5 p.m. The number is 799-7100 in Richland or Lexington Counties, and 1-800-868-2284 from other parts of the state.
LRS offers a referral by the location and by type of law. The lawyers who sign up with LRS are in good standing with the South Carolina Bar and must maintain malpractice insurance coverage. The lawyers also agree to a 30-minute consultation for no more than $50. After the 30-minute consultation, the fees will be the lawyers’ normal fees. Once you receive a referral, you will be expected to contact the lawyer by telephone to make an appointment.
If you cannot afford an attorney, you may contact the South Carolina Legal Aid Telephone Intake Service (LATIS) at 1-888-346-5592 (toll free) or 803-744-9430 (Columbia area). Eligibility for assistance will depend on your income and assets and the type of problem you have. The income limit to be eligible for LATIS is 25% of the Federal poverty level, which changes every year in April. There is also an asset (money in bank accounts, property, etc.) limit. Additionally, the
problem you have must be within the list of problems with which LATIS can help
At the very least, make it more of a pain to ignore you than to pay you. Call her, text her, send her letters demanding to be paid NOW. And tell her your next step will be to get a lawyer and sue her, if you don't have cash in hand by x date. Tell her she can just cancel her check that she supposedly mailed, that you want cash and you want it now. Be the mosquito that won't go away.
And see about getting some free/cheap legal help. Like I said, you may just need an intimidating letter from the attorney.
Hi guys thanks for your comments! Here is a update.
June 6th made 21dys and no refund. I reached out to her a week before letting her know I needed my money by June 6th. On June 6th she text me (she never calls or answer the phone) stating she had my money and could meet me Sunday or Monday it was my choice. I chose Sunday. Sunday evening after no word from her I called she didn't answer but she text me with a attitude saying she was busy and didn't she say it would either Sunday or Monday. Monday I called and text she never responded. Tues she texts me saying someone cashed the check and she knows it wasn't me because the signature didn't match. That I needed to be patient with her she filed a police report. I asked her for the case number or to fax me a copy of the police report. She said sure ill fax you the copy and provide you with the officers contact info. Of course she never did. I called Berekely county sheriffs office and after 20min of extensive checking we came to the conclusion that there was never a report filed. The officer who assisted me check for a report by her name, address, job, my name also. Nothing. I was referred to the magistrates office. I meet with a clerk of court tomorrow. I have contacted this lady just about everyday since she told me she was not moving and would refund me my money. It has been lie after lie. 2100 plus my 25 application fee plus the 138 storage fees she agreed to pay is too much money for me to let go. I do plan to mail out a demand letter tomorrow also. I would've sent one sooner if I would've known about it. She did ask me not to come to her home or job so I won't do that in fear of her trying to say I was harassing her or anything. So calling and texting is about all I can do in the meantime. I still have all of the documents. The lease, the receipt of payment, the original emails, the texts, photo copy of the certified check I gave her. I have no doubts about winning the case just all the time and extra money involved but oh well I just won't let her get away with this. I will remain persistent and relentless. Hopefully eventually she gets tired of it all and hands over my money. If she just gave me back my 2125 I'd be content.
If she truly didn't have my money and express that from the beginning I would've been more than happy to work out some type of payment plan with her but instead she chose to lie repeatedly and string me along over what's mine. Judge Judy! Lol no ill pass. I'm not interested in taking the time to fly to another state to share my unfortunate situation on tv just looking to get my money back.
Hi guys thanks for your comments! Here is a update.
June 6th made 21dys and no refund. I reached out to her a week before letting her know I needed my money by June 6th. On June 6th she text me (she never calls or answer the phone) stating she had my money and could meet me Sunday or Monday it was my choice. I chose Sunday. Sunday evening after no word from her I called she didn't answer but she text me with a attitude saying she was busy and didn't she say it would either Sunday or Monday. Monday I called and text she never responded. Tues she texts me saying someone cashed the check and she knows it wasn't me because the signature didn't match. That I needed to be patient with her she filed a police report. I asked her for the case number or to fax me a copy of the police report. She said sure ill fax you the copy and provide you with the officers contact info. Of course she never did. I called Berekely county sheriffs office and after 20min of extensive checking we came to the conclusion that there was never a report filed. The officer who assisted me check for a report by her name, address, job, my name also. Nothing. I was referred to the magistrates office. I meet with a clerk of court tomorrow. I have contacted this lady just about everyday since she told me she was not moving and would refund me my money. It has been lie after lie. 2100 plus my 25 application fee plus the 138 storage fees she agreed to pay is too much money for me to let go. I do plan to mail out a demand letter tomorrow also. I would've sent one sooner if I would've known about it. She did ask me not to come to her home or job so I won't do that in fear of her trying to say I was harassing her or anything. So calling and texting is about all I can do in the meantime. I still have all of the documents. The lease, the receipt of payment, the original emails, the texts, photo copy of the certified check I gave her. I have no doubts about winning the case just all the time and extra money involved but oh well I just won't let her get away with this. I will remain persistent and relentless. Hopefully eventually she gets tired of it all and hands over my money. If she just gave me back my 2125 I'd be content.
The longer you duck around with this calling waiting texting bs the longer she has your money. Start sending certified demand letter and get a attorney or your next post on here will have a title like
Landlords are thieves and this is what happened to me don't let it happen to you.
I guarantee you that you will eat all that money you paid her. If I were you the money better be in my hand right after the first conversation where she denied me the property. Or my next phone call would be to a lawyer as I started proceedings. Were where now? Were in June.
She already spent your money on medical bills. It's going past breach of contract into criminal theft. Stop screwing around with texts and waiting for this person to give you your money. She will just drag this along and you stupidly are letting her. If you can do the court process yourself get on it. If not get a paralegal to help you. If you just can't do it get a lawyer to do it for you. But get moving
Last edited by Electrician4you; 06-11-2014 at 06:23 PM..
A demand letter is just to be able to show a judge that you asked for the money back. You have obviously asked for your money back, so just file your small claims action now.
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