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I moved out of my old apartment on May 31st, and have yet to receive my security deposit.
I have a long paper trail of emails of them saying they will send it, but my check never arrives. Now they no longer respond to my emails. Their leasing office has a third party system to answer their calls and they aren't able to deal with financial issues.
My only option at this point is to go in and demand my security deposit be returned. The main issue though is that my schedule conflicts with the leasing office's open hours.
My boyfriend is going to go in for me, how do we address this situation appropriately so they will rightfully give me back my deposit?
I moved out of my old apartment on May 31st, and have yet to receive my security deposit.
I have a long paper trail of emails of them saying they will send it, but my check never arrives. Now they no longer respond to my emails. Their leasing office has a third party system to answer their calls and they aren't able to deal with financial issues.
My only option at this point is to go in and demand my security deposit be returned. The main issue though is that my schedule conflicts with the leasing office's open hours.
My boyfriend is going to go in for me, how do we address this situation appropriately so they will rightfully give me back my deposit?
Going to their office in person probably won't make any difference either. First, re-read your lease. Then research landlord tenant law in your state to find out when the LL should have returned your deposit (often 30 days but it might be more depending on your lease) and under what specific circumstances they can withhold it. State law varies, but usually they need to give you an explanation why it was withheld; you broke some technical aspect of your lease, the apartment was left filthy or damaged, there was some outstanding balance owed, etc. Knowledge is power. Be sure of your rights before you demand them.
Next, send them a certified letter (NOT an email) demanding the deposit, citing the correct state statute. Don't be rude about it, just be factual. This tells them you're informed and prepared to pursue the matter, not let them blow you off any longer. Certified, registered, or return receipt postal mail will provide proof they received your letter. Inform them if you don't receive the deposit by such and such a date, you will file a lawsuit against them in small claims court demanding return of the money. Then go DO IT! Be prepared to show up in court with your lease, proof you were current on rent when you moved out, and any correspondence (print out your emails) between you and the LL. Many times a LL will claim a tenant left the place a mess or damaged. Hopefully you have walkthrough photos or a condition checklist from the day you moved in and also the day you moved out so you can counter them. Follow through, don't do nothing. Yeah, going to court probably won't be convenient with your schedule either, but how badly do you want your $?
Last edited by Parnassia; 01-20-2022 at 12:56 PM..
Going to their office in person probably won't make any difference either. First, research landlord tenant law in your state to find out when the LL should have returned your deposit and under what specific circumstances they might be able to withhold it. State law varies, but usually they need to give you an explanation why it was withheld; you broke some technical aspect of your lease, the apartment was left filthy or damaged, etc. Knowledge is power. Be sure of your rights.
Next, send them a certified letter (NOT an email) demanding the deposit, citing the correct state statute. Certified, registered, or return receipt postal mail will provide proof they received your letter. Inform them if you don't receive the deposit by such and such a date, you will file a lawsuit against them in small claims court demanding return of the money. Then go DO IT! Be prepared to show up in court with your lease and any correspondence between you and the LL and follow through.
Good advice, this.
I'd only add - going in person, especially sending a 3rd party, probably isn't the best idea. What do you plan to accomplish by doing this, especially "demanding"? More than likely it'll add friction to the situation.
I think it is a good idea to send someone to the leasing office. Maybe he can drop a deuce on the front desk.
Your boyfriend may get someone to say "you are nobody, I cant talk to you." That would be the easy way to dismiss someone who is coming for something they dont want to deal with. If you go, they may help you. Depending on how much they dont want to pay, they may also direct you to a phone number or something to get rid of you but it wouldnt hurt. They may be able to help you.
If that doesnt work, I would probably sue them in small claims court.
Read it, study it, understand what you were obligated to do and what the landlord is obligated to do.
You will need to find out who or what owns the building and make any written demands to that person. You can find out the owner at the Miami-Dade Assessor's website.
small claims for sure. in most states, they have to provide an accounting within a specific time period, including what deductions they are making for cleaning, damages, etc. If they failed to do so, it's often the case that they will owe you back the money and they have lost to the chance to make those deductions even if reasonable.
It's true that they may not honor a judgement but there are other avenues to get the money in that case
Sorry this is happening to you. I can't imagine not taking action since last June. I say June because if your profile zip code is correct, you're in Florida. State laws vary, but in Florida a landlord has 30 days to notify of any damages etc.
You're going to have to make the time to go to the office. Consider how much you make working per day vs. how much the deposit is. They haven't sent it to you. They certainly aren't giving it to your boyfriend UNLESS he was on the lease.
In this order: 1. Send a demand letter to the office via certified mail, require a signature. Site Florida statute 83.49 in the letter, and their obligations detailed in the statute. Make sure you read it first. State a date that you will be at the office to pick up your check. 2. Call the number you have. Leave a message with the service stating very clearly that you will at the office, per your certified letter, on the specific date to pick up a check for the full amount owed to you. Tell them that you will be going directly to the court to file a smalls claims case if it is not available. 3. Email them the same thing. Show up at the office on that date.
My son was having a problem getting his deposit returned in a different state. They then claimed they were keeping part of it. He told them No, it was past the date they could do that. After a bit of a run around he called, said he was coming in to pick up his check. they had it for him. He did have to threaten the property management company (and the landlord) with a small claims case. It helped that he knew the exact state statute that applied and referenced it when they tried to mess around.
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