Legal Rights To A Speedy Security Deposit Return
ok, have a question for all you landlords out there. I am a former renter. I moved out of my apt 10/1 of this year, apt was completely cleaned and ready for the new tenants to move in the next day. I have spoken to the manager and she says everything was beautiful and I should be getting my full deposit back. She at that time tells me the owner of the complex usually is late in getting the deposits returned. I am now a month and a week out and still have not received my deposit back. I have left 3 messages for the landlord-no returns. I am irritated and want to know what I can do legally. I have been told by the manager that WI law is 21 days. Any ideas?
I would try to contact the owner rather than the manager. Talk to the person in charge.
I do know that in Iowa the law is very specific that if we don't return security deposits on time that the tenant is able to sue and recover court costs and reasonable attorney fees just for asking.
It may be worth calling an attorney and having a 10 minute conversation with them. Unfortunatly, unless you have a preexisting relationship, you may have to pay a retainer before they will start work.
Let us know how things work out.
thanks for the responses, have already threatened the whole lawyer thing, no response. So I did call a lawyer today, and he is telling me I will have to first find out where the landlord is located to contact the sheriffs dept and find out who their process server is. Then get the info to them for them to serve to him. He is in Illinois...is there any easier way to go about this? I have heard from someone that I can receive double the amount of the security deposit. Has anyone heard of this?
Hey,
I hate landlords like this guy. This is the reason that the rest of us are called "Slumlords".
The amount of damages vary by state. Check your local laws.
Your local small claims division should be able to walk you through the process. Many of them have pampletes on tent-landlord laws, too.
Despite the fact that owner is in IL, you can still file a claim, and have served either by sheriff or certified mail (which is a bit more complicated).
Good Luck!
Might look at this (without spaces)
h t t p
://resources.lawinfo.com/forms/wiltserdeposit.pdf
You know, when I hear things like this about some landlords it really makes me mad! This landlord has probably done this over and over again and has learned that the average person doesn't have the money or the time to fight to get the deposit back. The fact that he's out of state makes it more intimidating. It's just money in the bank for him (or her) every time! If the landlord is a Licensed RE agent or broker you could turn him in and he could lose his license. Unfortunately, it is more difficult if the landlord is not an agent because you are basically on your own in trying to get your money back. The guy's playing the odds. if only one tenant out of ten sues he still wins. That's really sad.
I am going to the courthouse Monday morning. It is now nearly a month and a half since I moved out of my apt. Still no response or check from the Landlord. What a jerk!!! I am definitely going to try and sue this guy. Even the manager thinks the whole thing is bull----, her words! She told me direct that it always takes him a long time to get them back, and she doesn't know why he does it. I hope I get him for double the deposit. But I know he owns more than one complex, so I'm sure its just a drop in the bucket to him. The sad thing is this guy is the 3rd person to own the property and I didn't even pay my deposit to him, I paid it to the 1st owner. I also know he is trying to sell the property. The thing that really makes me mad is that when the realtor was showing the units to prospective buyers I let them use my apt as one they could show. I have been nothing but a positive tenant to this guy, and now he's trying to screw with me. I'll take the time to work on getting him into small claims.
I have personally known of a number of landlords who've fallen on their faces on this issue...and don't heed or comply with their states' laws on return of deposit.
So check your state's statutes very carefully and if you are the LL, comply fully & completely or expect to get sued.
I am not sure exactly what you are saying...why would I be sued? I have fully done everything I needed to do up to this point. Please explain.
"If you are the LL(landlord), comply fully & completely or expect to get sued"
The landlord, not you.
thanks for the clarification
Not totally up on these terms yet!
My only advise would be that once you file in court, you will probably get a check immediately for your deposit. I would send it back and get a judgment against the Landlord.
Then you can slap it on the property he is trying to sell until he pays up in full.
I would seek the damages allowed to the fullest extent of the law and not settle as you now have your time, effort and court costs involved. He had plenty of chances to settle for what you were owed.
If he is out of state or out of your county you will have to file in County court and NOT small claims court.
Is that his county or my county? I spoke to an attorney just briefly and he made the whole thing sound really difficult. Also, can I contact the manager to get this guys address, etc. I don't have it...she did give me his phone number. Does anyone know the process I need to go about? Do I need an attorney? Or, can I do it on my own?
I have gotten the papers from the courthouse to start working on the judgement. I do not know the owners full address, I only have the address to which I sent my rent. I have spoken to the manager and she doesn't want to give out his info, though she did give me his full name. I know the address I sent to was in Libertyville, IL. How should I go about serving this guy? Any suggestions?
I understand you are very frustrated and upset; you have been wronged and you should be upset. You have proven that you an make it almost 2 months without the money, so don't go off the handle. Here's my advice:
a) find somone woking for the government that can walk you through the easiest way for you to pursue this LL. If your local courthouse can;t help you, ask them for the number to the WI attorney general's office - the problem you are facing is experienced daily; you are not setting any new precedent.
b) if you still can't get a little help, then all you need to do is file a suit in small claims court, the clerk there will certainly help you fill out the paperwork. You should only need the address of the apartment complex and the manager for a service address.
c) make sure you ask the court for additional damages, the clerk will show you exactly what you are entilted to ask for in your suit - make them show you in writing what damages you can ask for!
d) you'll have to pay a filing fee, so don;t settle, when the landlord finds out he is being sued, he will likely (as steated in a previous post) try to pay you your deposit. only accept full payment of your suit from him or demand your day in court.
e) simply the presence of a judgement on his credit will hurt him (even if it is paid quickly) - hopefully enough to get him to act more responsibly in the future. Don;t discount the harm the existance of a judgement has on one;s credit rating.
f) let us know how it goes!
good luck and remember, it will get better soon!
Most cases, its the responsibility of the Apt manager to inspect the premises after the tenant has vacated.
Did you receive a move out inspection report from the manager or just a verbal response?
Was a forwarding address given in a timely manner?
Was rent paid up to date with a 30 day written notice of moving?
Do you have a copy of the lease and have met all the requirements?
It sounds to me, the apt manager is passing the buck! They are paid to manage, If in fact the manager was saying these things, I believe they need to be fired!
I have seen tenants complaining, even secretary's of attorney's threaten double deposit back and go to court. Only to have the landlord bring pictures and a copy of the letter they sent! Most landlord's out here can tell you about tenants who believe normal wear and tear is having holes in the walls or carpet ruined.
This is not saying you are guilty or what you are saying is not the truth. But a simple filing with the small claims court will solve the issue!
Thank you for the responses. I did forward my address and followed the lease rules. The manager did do the inspection and only the carpets needed to be cleaned. I in fact paid someone to clean the apt for me. The manager I believe is just fed up, she says she receives these calls from everyone who moves out. When I told her I was taking him to small claims she said she understood and that most of those who moved out do. When I said I had called him 3 times with no return calls she told me he wouldn't. She is only trying to protect her job and stay there for a few months until she can save up enough to buy a house of her own. I feel bad for her because she gets all the complaints after people move out. I know this is what she is paid for, but still. This guy is selling 4 buildings at 749000 ea., something tells me he's not too hard up for the cash, and like I said earlier he is the 3rd owner and would have had the security deposits forwarded to him at closing... its not even his money. You are right I am irritated, and have gotten to the point where I feel I need to be rewarded for my hassle.
try the nice letter approach, with your new currant address.
just mention its hard to pay obligations with out your funds. And in view of how well you kept up the place you thought he would have appreciated your tenancy, "BY RETURNING YOUR DEPOSIT" asap
For address of owner: phone a title company, tell them you are interested in the property and need the
name and address of the owner.
If you are a senior citizen: phone the nearest senior center 'cuz many have a "senior's legal service"----an
atty who will advise about small claims court. FREE
If NOT a senior, but much less than wealthy, phone your local legal aid office for advice. FREE or low cost.
You sue the scum in YOUR court, not out of state.
In Oregon the tenant-rights law got me a check for
$850 when I small-claimed a Washington state
operator of 18 apt complexes in 4 western states.
I enjoyed every penny of it !
Go to your local library and ask the reference librarian for the volume of state statutes regarding tenant's rights. While in the library, skim thru their copy of
one of the "Small Claims" books.
Keep track of all costs, time and otherwise----you may
find a way to include all in the legal action.
Enjoy !
The simplest way to get the address of the owner is by contacting the assessor. In fact, because this is public access, you can go to the courthouse and look it up yourself on a computer that they usually have for the public. Most of the time they will tell you over the phone. I do this all of the time. Tell the assessors office that you want to know the name of the property owner and the address where the tax bill is sent. Just like that you will have the owners address!
Normally I advocate for handling legal problems yourself without a lawyer. In this case, I think you should hire a lawyer and pay the lawyer whatever the retainer amount. Here's why:
1. You're busy and don't need this hassle.
2. A lawyer will know how to handle this with an out of state owner and be sure everything is done correctly.
3. The landlord owns rental property that can be liened.
4. You are sure to get a judgment in your favor which will include your court costs and attorney fees.
5. You are almost sure to get paid on your judgment since the rental property is for sale.
6. You can have the attorney eventually foreclose the property to pay your judgment if the landlord doesn't pay it off and just the threat of that alone would probably force him to pay the judgment.
If it's just a penniless debtor involved in a problem then there is a risk of not recouping your legal fees. However, since this debtor owns real estate, you are very likely to recoup all of your legal fees in the judgment and actually receive payment from the debtor.
Don't take up your free time with this. Let a lawyer handle it properly and let the landlord pay for your lawyer. Go to the park with your dog instead.
thank you so much for your response, it was very clear and I appreciate it. I did not feel pressured to hire someone to clean, just did not want to do it myself. I am actually not a student, just a single mother who paid a good amount of rent (795 a mth.) to this loser. I have filed the case at the courthouse and have mailed off the paperwork to his county sheriff to have him served. I have a court date of dec 16 and will update you on what happened. I am wondering if he does send me a check for the 750 deposit, do I return it and continue with the case or keep it and continue with the case. Again thank you to everyone who responded!!
Hello to all who have responded and viewed I go to court tomorrow, as expected the landlord sent a check for the 750 after being served, he tried to date it for November but envelope was postmarked in December. I have called his answering machine (the only thing I've ever talked to) and told him I will be proceeding unless I receive the full amount of the judgement, $1500. I will let you know what happens.
Good luck tomorrow - Keep us informed.
For benefit of all, lots of states' LL/T laws have undergone some "liberalization" in last few years to put heavier burden on LL to get the T's deposit back to him quickly...or fact legal penalties for failure to do so.
Whatever your state, go find your statutes on line, then look at LL/T law there and see what YOUR LL/T law is....and then print & learn it so you don't fall afoul of it by not getting response to T as soon as he's out of the property.
Also, many LL organizations have seminars about compliance with these laws, how to deal with them, forms to use, etc...and they'll also have these laws printed for their members in easy-to-use brochures or booklets...so look into joining your LL organization for your own protection.
I've been waiting for news on this one. Looks like it is going well for you, Congratulations!
I went to court today. Of course this guy didn't show up. Because I had not received the proof of service back from the county in which I had him served, the case has been continued until January. The civil server has mailed me back the info so once I get that I will most likely get this judgement. I'm sure if he didn't show up this time he won't next time. Will let you all know. Thanks again you all have been so helpful!!!
I know that in CT it is not a difficult thing to do. Handled by housing court and the tenant can actaully be awarded for up to 3x security deposit due to delays.
Ok, got the letter of service back, this guy was not served because "supposedly" he was never home...talked to the server and they said I will have to bring in the letter to court in January and have a second summons issued. And pay another $15 to have them go back out...any other things I can do to go about this? Can I have the manager of the complex served as she is his agent? She is in my county and that might be easier. Just wondering how long this thing is going to drag on...please let me know if there is any other way to go about serving him or speeding things up before my January court date comes about.