Deposit Return
I rented a duplex in ohio for three years.
I put up a $700.00 dollar deposit.
When I moved I gave them a 2 month
notice.
We moved at the end of september. I sent them my new address and phone
number and ask about my deposit but
can not get a response, from the owner
which lives in Maryland.
I know by law that the deposit is mine with intrest.
The house was left in excellent condition
and the neighbors across the street can
witness that.
We even steamed cleaned the carpets.
What is the best way to handle this?
first of all, you should have asked for the deposit before you left and not after the fact. also, you could get an attorney, but that would probably be a waste of time because it's only $700 and he might charge more than that for the service, but check with one and fine out for sure. i say, take it as a loss and walk away with a $700 lesson.... unless you just want to pursue this on principle like i would.
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Quote:
On 2003-11-04 11:57, conflix wrote:
i say, take it as a loss and walk away with a $700 lesson.... unless you just want to pursue this on principle like i would.
I don't suggest walking away from it at all, in fact, I think its a horrible idea. That is your money and it is owed to you.
Once you are absolutely sure that you are being ignored, send a certified letter to them asking for your deposit back. If no response, send another letter in two weeks.
I would also explore small claims in your area. Usually for a small fee, you can successfully get a judgement against the landlord for the deposit due. This judgement may not come to you immediately, but if it becomes a lien then you will eventually get your money.
Don't ever let anyone take advantage of you or your money.
Walking away from any thing that you have money invested in is not a good idea.
Conflix, you won't be a millionaire in 3 years if you walk away from money that is due you.
Have a great day and good luck on your getting your deposit back.
Hi pops56now,
I would agree with Diatribe that it is not a good idea to walk away from your money like that. I know that post above stated that you should have asked for your money before you left, but in most states owners/landlords have 30 days after you vacate to return the remaining deposit.
Sending a certified letter is a good idea. It wouldn't hurt to suggest to the owner that time is an issue and that you are considering legal action. Wait a week or two and if you dont hear anything, go to a local attorney and ask them to write a letter on your behalf and mail it for you (this generally works better than a law suit).
If that doesn't work for some reason, I would make sure that you put a lein on the property. I dont think that you would even have to go through small claims to do that, you can simply do that at the recorders office. Hope that helps!
Best of Success!
BAMZ
diatribe,
i never said i would walk away, you must have ignored the last part of the statement. the part about going after for the principle like i would... try reading and understanding a whole post before speaking... i never walk away from any money, not even a buck...
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Ah, I don't think you are going to get the interest. I would check you contract to see if states you are going or not going to get that money. I don't. know...any landlord who gives interest on the deposit money. And if you do and your a landlord reading this, I'm sorry, don't jump down my throat......you proved me wrong and I apologize.
I want to thank diatribe, BAMZ, conflix
and anyone else I missed.
I contacted a lawyer in Ohio and he is
sending me a package with papers to
fill out and send back.
Again thanks to everyone for your response.
Later Harold
Sorry nebulouse,
Thank you too.
Later Harold
Hey nebulousd,
In a general case, landlords do not have to pay interest on deposits. However, some cities have specific laws which require you to do so.
I live in a twin city area, both have a population of about 70,000 people each. One city has laws that favors the landlords, and the other city has laws that is not landlord friendly. Guess which one I buy rental property in?
The opposing city does require landlords to pay interest on security deposits. I just thought I would let you know that there are funny circumstances out there!
Have a Successful Day!
BAMZ
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pops56now,
I am not sure what your arrangements were with the landlord, but did you have a yearly lease? If you did not break your lease, then yes, you are entiltled to your money.
Repoman
thanks BAMZ,
learn something new everyday.
Another way of protecting yourself and making sure that you will get your deposit back is to notify the landlord that you will be skipping last month (or 2) payments. That is, of course, if your deposit equal exactly to 1 or 2 month payments. If the landlord will have a problem with it (some may, claiming that they must inspect premises first and then send you all your money back) claim that this is the only option for you since you are moving out of state. Unless you planning intentionally to trash the place they will have no legal grounds to go after you once you move out.
This may not be totally complying with your original lease agreement, but works just fine, .
Dmitry.
Dmtry,
I am a landlord and have had tenants try to do this to me. What I tell them is that they can surely not pay the rent when it's due but then they are breaking the lease and therefore not eligible to get their security deposit back plus I will take them to small claims court for back rent. A security deposit is just that not anything else and it cannot be applied towards the rent. Be careful what you tell people. It could get them in big trouble. I have never lost one of these cases.
It may prove very difficult to get your deposit back especially considering you have moved out of state. Small claims court won't be an easy thing either considering again you are now out of state.
The best sudgestion I can give you is to have a lawyer right a letter for you this is not nearly as expensive as highering one to try and get it for you in court. The letter nearly always gets a response.
If it doesn't you may just have to write the money off.
Maw,
If you read my post carefully you will notice that I am not advocating this technique to be used in any way. In fact, I clearly state that “this may not be totally complying with your lease agreement”. This is just merely to point out that this is happening quite often and in New York, for example, I have not seen any landlord (and I know many) that actually have a problem with it. As long as they know the renter for a long period and on good terms with them, they have NO problem having security deposit to be applied to the end month of the term.
Of course,
This intent of the renter needs to be communicated to landlord openly and in advance.
Dmitry.
SMALL CLAIMS COURT - YES
I am a landlord and a property manager, and I agree with MAW! The security deposit is to insure that the premises is in good condition and the rent is current when the tenents vacate.
If they tell me they were using the security deposit to pay the last months rent I would damn sure make sure there was enough problems with the unit when they left that I could get a judgement against them.
In this state landlords have 14 days to make distribution of the security deposit. That time is used to make sure there no damages, no unpaid lienable utility bills and the premises have been left in good condition. We have strong landlord/tenant laws that will enforce that 14 day requirement, at the risk of paying substantial penalties.
I would not advise anyone to try and use the securiy deposit as a rent payment but I sure hope there was a signed inspection done both before and after move-in and out.
egrinch
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Guys, so simple just do it the easy way.
Go to the Small Claims Court of the region. Fill out the papers and file an action. for $700 and costs and interest to date.
Have the friendly Landlord Served. Show up on court day with your receipts and lease. If he shows up make your case. You get a judgement. Ask him for the money if he says not. Then the Clerk of the Court will show you how to abstract the judgement. The Judgement is recorded against the property. If still no payment after the correct period of time Foreclose your judgement and pick up the check or the property. If the property is really heavy call me I will help you carry it away.
Enjoy, its just legal stuff.
Lucius
Bravo Lufos!
The best answer as always.
Regards,
Dmitry.
Typically landlord tenant laws permit the vacating tenant to receive their deposit back within a set period of time after vacating the premises. The landlord must provide the tenant notice within a certain time frame if he intends to withhold any of the damage deposit. If the landlord does not provide timely notice, the tenant may be entitled to his entire deposit plus attorney fees. In Washington State I have handled this matter a number of times and received my fees and the deposit for my clients.
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To my knowledge there is NO state that doesn't now have detailed statutory law about how tenants' deposits are to be handled, when & how they're to be refunded, etc.
So YOU need to find and read OH law on Landlord-Tenant and tenants' deposits.
In a great many cases I've seen, the LL doesn't know this law either, and frequently violates it, in not sending the T his damage deposit back in certain required time, or in giving the T detailed reasons why hs is NOT refunding it...so once you read the OH law, you may know more than the LL or anybody else on this site.
To my knowledge there is NO state that doesn't now have detailed statutory law about how tenants' deposits are to be handled, when & how they're to be refunded, etc.
So YOU need to find and read OH law on Landlord-Tenant and tenants' deposits.
In a great many cases I've seen, the LL doesn't know this law either, and frequently violates it, in not sending the T his damage deposit back in certain required time, or in giving the T detailed reasons why hs is NOT refunding it...so once you read the OH law, you may know more than the LL or anybody else on this site.