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Old 10-08-2013, 11:59 AM
 
1 posts, read 2,328 times
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My ex landlord owes me 550.00 for our security deposit she said she would give it back after someone had moved in to our old place and now there is a new person living there so I call her and she won't return any of my phone calls I have been to her house numerous times and she won't answer the door. I don't no what to do I have never been threw this before my husband said it just forget about it but 550.00 isn't just a few bux that's a car or house payment and we need it ...I left my landlord a message saying we had pics of the place and we really don't I was trying to scare her into giving our money back and she told me to take her to court. And now I'm scared I'm going to lose. Someone please help!!!
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Old 10-08-2013, 01:17 PM
 
Location: Austin, TX
16,787 posts, read 48,831,675 times
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Quote:
Originally Posted by SVTLightning View Post
Dont forget the interest on the security deposit must be paid as well!
That is not standard in every state, and would not amount to much with rates so low these days.
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Old 10-08-2013, 01:20 PM
 
Location: Austin, TX
16,787 posts, read 48,831,675 times
Reputation: 9477
Quote:
Originally Posted by Ashley1992 View Post
My ex landlord owes me 550.00 for our security deposit she said she would give it back after someone had moved in to our old place and now there is a new person living there so I call her and she won't return any of my phone calls I have been to her house numerous times and she won't answer the door. I don't no what to do I have never been threw this before my husband said it just forget about it but 550.00 isn't just a few bux that's a car or house payment and we need it ...I left my landlord a message saying we had pics of the place and we really don't I was trying to scare her into giving our money back and she told me to take her to court. And now I'm scared I'm going to lose. Someone please help!!!
In most states, if it has been more then 30 days and she never gave you an itemized list of deductions for damages to be withheld from the deposit, they you will more than likely win in court. Send her a written notice that if the deposit is not returned in 7 days you will sue her in small claims court, then do so. It is a small amount of trouble for $550 and the judge may award additional damages.
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Old 10-08-2013, 01:35 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,440,049 times
Reputation: 26726
Quote:
Originally Posted by Ashley1992 View Post
My ex landlord owes me 550.00 for our security deposit she said she would give it back after someone had moved in to our old place and now there is a new person living there so I call her and she won't return any of my phone calls I have been to her house numerous times and she won't answer the door. I don't no what to do I have never been threw this before my husband said it just forget about it but 550.00 isn't just a few bux that's a car or house payment and we need it ...I left my landlord a message saying we had pics of the place and we really don't I was trying to scare her into giving our money back and she told me to take her to court. And now I'm scared I'm going to lose. Someone please help!!!
Ashley, you'll find the PA landlord tenant laws linked in the first "sticky" on this forum but here's an excerpt from a PA publication on tenant's rights:

"Security Deposit

A security deposit is money which actually belongs to the tenant, but is held by the landlord for protection against damages or unpaid rent.

During the first year of a lease, the amount of a security deposit cannot exceed two months rent.

Beginning with the second year of a lease, a landlord cannot retain a security deposit of more than one month's rent. Any security deposit greater than $100 held by a landlord must be placed in a bank in escrow.

The Landlord Tenant Act requires that interest be paid on security deposits held over two years.

After taking out damages and unpaid rent, a landlord or property owner must send its tenants the list of damages and/or the full or partial security deposit no later than 30 days after the lease ends or when the landlord accepts the tentants? keys to vacate the premises early, whichever occurs first. The law requires landlords to pay twice the amount of the security deposit if they fail to provide consumers with the list of damages along with any refund due
."

As you can see, your landlord legally must return your security deposit along with any itemized deductions within 30 days of your leaving the unit. If she's failed to meet that deadline you can sue for double the amount of the security deposit in Small Claims court (along with your filing fees). It's very easy to file and in your case I would have nothing more to do with her personally but do as she suggested and just go and file your claim which you're very likely to win. I can almost guarantee that she threw out the "take me to court" comment as she figures you wouldn't think of doing so. Prove her wrong and take her money! Good luck!
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Old 10-10-2013, 07:02 PM
 
Location: Tampa (by way of Omaha)
14,561 posts, read 22,962,161 times
Reputation: 10355
Quote:
Originally Posted by bentlebee View Post
It depends if the LL has the property in a LLC or as a private property...
Easy. If it's an LLC, file suit against the LLC and you can go after the income and assets (including the income from any rental properties owned by the LLC) just as you would a single person. This would actually be preferable in some ways as with an LLC you would bypass the protections of things like Homestead and Head of Household Exemptions.

Quote:
I don't understand filing 3 x the deposit. I have won in small claims court but you get a judgment for the cost of filing + the amount you claim you should have gotten back.
It's possible that this is in reference to a state statute that says that failure to follow the protocol for returns or claims on the security deposit entitles the renter to treble damages.

Quote:
I had pictures, video, lots of emails and bills for repair, so for me it was easy to get a judgment with interest but still haven't gotten anything. But I have time to wait and maybe one day they need a job where a background will be done or they want to rent another place and they do a background check...The judgement is in both names...so I just wait, they are young and maybe they realize one day that in order to get rid of the judgment they better pay....a collecting agency is looking out for them and I check them on many websites...isn't the internet nice, specially facebook, etc....so many people want to tell everything...hahaha
Well first, it's highly unlikely that a monetary judgement is going to stop anyone from getting a job unless we are talking fairly high level positions in the financial sector or something involving a security clearance. Second, paying will not get rid of a judgement unless both parties agree to a stipulated dismissal of the judgement.
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Old 10-12-2013, 08:27 PM
 
1,263 posts, read 3,268,800 times
Reputation: 1904
Quote:
Originally Posted by STT Resident View Post
{snip}

...your landlord legally must return your security deposit along with any itemized deductions within 30 days of your leaving the unit. If she's failed to meet that deadline you can sue for double the amount of the security deposit in Small Claims court (along with your filing fees). It's very easy to file and in your case I would have nothing more to do with her personally but do as she suggested and just go and file your claim which you're very likely to win. I can almost guarantee that she threw out the "take me to court" comment as she figures you wouldn't think of doing so. Prove her wrong and take her money! Good luck!
And please don't be afraid to do this - small claims court is a great solution! We've had numerous posters here sue in small claims court and get their money back along with court costs.
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Old 10-14-2013, 12:24 AM
 
545 posts, read 1,476,571 times
Reputation: 832
Quote:
Originally Posted by LOL_Whut View Post
And please don't be afraid to do this - small claims court is a great solution! We've had numerous posters here sue in small claims court and get their money back along with court costs.
+1. I had to do this a few years ago. It wasn't the easiest process. I had to file the small claims paperwork in one county and go to another to have papers served, then go to court. But I wasn't about to let my $1500 security deposit + penalty walk away. The process is pretty well defined once their window to return your deposit has expired. Good luck!
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Old 03-22-2015, 10:35 AM
 
2 posts, read 3,351 times
Reputation: 11
Quote:
Originally Posted by YAZ View Post
OK.

A closet door? 100 bucks......tops. Pleez tell me, how did you manage to destroy the closet door?

Cable line? We didn't even have cable in our new home, the cable company came out and installed one.

No charge.

Laws vary state by state.
For example....

....in Michigan, the landlord must give the security deposit back within 30 days, or part or none with an explanation.

If this isn't done, then the tenant will receive DOUBLE the security deposit. Doesn't matter if there was damage, etc.....

It sounds like you may have a case, but she did make contact with you.

Ifya get ANYTHING, it'll prob'ly be 1700 at the most.

Still worth you while, eh?

Good luck and let us know next month how it went.
I am in MI and I had a similar situation. My former LL did not send my deposit nor an itemized list of damages within 30 days. He did not file suit for damages within 45 days. I filed suit for double the amount of my security deposit ($2400). He countered for damages. I just went to court yesterday, and won double the amount. His damage counter was dismissed, as he did not comply with the law, which required him to file within 45 days *and not thereafter. I was prepared to defend each line item, but didn't have to, as magistrate would not even hear the damage counter. Good luck, the law is clear and the timeframes are absolute.
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