Unless you have an attorney willing to represent you pro-bono, the math doesn't add up to your benefit against a $1100 deposit.

A simple phone call should suffice. I suggest you try that tomorrow.

Might still be in the mail. As long as it's postmarked up to 30 days after you moved out.

HOW LONG DOES IT TAKE TO SEND A LETTER ACROSS TOWN!

Those mother****ers would pay my court costs, too.

You should know.

You lobbed that one up.

Rare occurrence.

Sorry for giving you shit . I just always thought renters were dumb for paying off other peoples mortgages so i have a low tolerance for dumbassery.

Clayton, did you record video evidence of the condition you left the property?

If you did not, you will have a hard time proving you left the property in pristine condition.

I mention that just for the benefit of any renter moving out. ALWAYS take pictures or video of the property before you leave.

BTW I am an attorney, and to tell the truth, I don't have a clue about these kind of disputes. Isn't anywhere close to what I know.

I took multiple photographs on the day I moved out proving the condition of the property.

I also have witnesses.

I'm not sure why that would even matter at this point because they've exhausted their 30-day period in which to accuse me of wrecking their shit.

This is the step you call or meet in person.

Don't let them try to **** you on depreciable materials. Asshole landlords will try to charge you for new carpet, flooring, etc. That stuff doesn't have long useful lives to being with. You may be able to fight that a bit, if you had photos before you moved out.

rrrrrring.....

[MGMT CO]Hello, management company person here, how can I help you?

[GC] Answer your email asshole.

ROFL

Lower level courts like traffic court and small claims court have very loose procedures that will often be up to the judge. Often, it's simply not worth appealing them and the judges know this so they can be pretty arbitrary. Thus, I'd want to have that evidence. Ideally, you should take pictures or video of the property both the day you move in AND when you move out.

I would try to contact them by email and request a return of your security deposit. If you continue to get no response, your choices are to seek legal counsel or to simply file in small claims court yourself.

If it were me, I'd file myself simply because I can research the law and feel good about my ability to present the case.

When my company was first starting up, we had office space in an old mansion, down in the basement. It was very start up like, and the carpet in my office look like somebody had slaughtered oxen on it. What I moved out, the landlord came down to check me out and pointed at the carpet. He said, "Did you do that?" I told him that it had probably been there since the 1950s.

Also sends emails about his money.

https://i.imgur.com/NfAkZky.jpg?1

ROFL

Emails are really archaic? Should he have tweeted it or tagged them in a Facebook post instead? Or is snail mail back in? I'm asking because I am genuinely curious...

Have you already done this? Any answer is evidence. Lack of answer is evidence. If you never do this, you'll look really stupid in small claims court if the judge asks if you've done this and you have to say, "No."

That's why I said "email" b/c it's actually easier to prove than snail mail. If you get no response from email, then I'd send a certified letter.

Ask for return of your deposit, include the applicable Missouri statute with respect to their 30 day window and point out they are now in violation of the statute, and that failure to respond can result in up to a 2x penalty.

Basically, it's a demand letter and is the first thing any attorney will do.

Typically you walk the site with the landlord before you leave and discuss anything that may be taken off the deposit. You should always film the place when you're viewing originally, and then when you are walking the site with the landlord for your exit. This will save you a lot of trouble in the future!

I did it last night.

I also have a text from them on April 18 asking for my forwarding address.

lol this. How does OP know that they didn't already send the check via mail? If you recieve on the 31st day after raising hell you're gonna feel real stupid.

I mean, that's tomorrow.

I'd bet anyone the entire deposit it doesn't come.

I'm going to draft a certified letter at work tomorrow and pop it in the mail if I don't have a check in my hand or an e-mail in my box.

Did you check your lease language? They may have a lease clause that lets them keep the money longer. If it's a large property management company, they may just have a policy of keeping it until the last day.

I can confirm to Clays scrubbing with PineSol. It caused him to take forever on accepting a trade in our sandbox league.... I’m here if Judge Judy needs a witness

I did. They don't.

You've got time to draft a letter but no time to place a simple phone call?

You are off base.

If you have pictures and proof of the carpet cleaning, you could file a case in small claims court.

The dollar amount at stake is within small claims court jurisdiction.

You might be able to find forms on county court web site, you could type into pdf or pen and ink it.

Would have a filing fee and service fee which can be part of judgment if you win. I am not familiar with enforcing that double security deposit section of statute, but if it is clearly worded as far as when clock starts and 30 days is up, could be worth the time.

"Good morning Mr. Swanson."

"Don't you Good Morning me! Did you get those payments out yesterday to the people who's deposit checks are due?"

"Um, no, I was going to do it this morning"

"This MORNING!!!" Good God you stupid bitch are you trying to get my ass in a sling?"

"I'll get those checks mailed out immediately sir...regular mail OK?"

"If I'm dragged into court over this it's YOUR ASS missy..."

A phone call does nothing. Easily blown off.

E-mail is official court admissible communication, and I've only ever communicated with them via e-mail.

The die is cast.

I avoid phone calls if I can, phone trees and being on hold for 15 mins is not an ideal use of my time. Bang out an email in 2 mins or less. The only time I'll use a phone is if email is impractical or will significantly delay a response (such as with financial institutions for security purposes).

Last time I tried contacting an HOA for a property I rent I left several voicemails and visited once to no avail. Wrote an email and got a response in 8 hours.

Certified letter works too if you have a few bucks to throw down.

Yeah but you're Ghey.

Just means I have less distractions and more time to **** with people back LMAO

Btw, Clayton, keep that demand letter terse. Mention the address of the rental, the amount of the deposit, end of the lease term, and since you are now 30 days past termination, you demand the return of your full deposit.

Cut n' paste the statute you posted before. Say you expect a prompt response, and sign it.

If you still get no response, you choices are to retain a lawyer or file the case yourself as I said before. The first thing the lawyer will do is do the demand letter thing again, because often people will respond to a law firm letterhead. That should cost less than one billable hr, and the demand should be for more than the deposit to pay for that bill.

If they ignore that, and if it were me, I'd file my own small claims action. Depends how comfortable you'd be doing that. Judges in small claims have very truncated procedures in which they pretty much just ask you the pertinent facts, ask for facts from the other side, then render a decision (of course, after you file the paperwork and pay court costs).

I thought you loved this landlord?

The lease likely has language that contractually authorizes them to get attorney fees in enforcing the lease. Review that language and see if it reads both ways. Or post what it says.

Statute is pretty straight forward and there is a 2015 case published that supports its use for tenants when landlord is not complying.

Well in that case, call repatedly until they answer and threaten them until they hand deliver your deposit in cold hard cash. Let them know that your personal advisor, HogFarmer, said to do it.

LMAO at this thread...morons giving advice to another moron. In this case, the original moron is in a good position. He doesn't need to do shit at this point to prove anything. The company ****ed up by not complying with the law in 30 days. He should wait a couple days to make sure nothing is in the mail, but then send a letter (or e-mail!) demanding double his deposit or he'll file in small claims court.

Last time I rented several years ago, I left the place a ****ing mess. I had been there two+ years, had a dog that tore up the carpet, scratched up the window frames, etc. I fully expected to get none of my deposit back and wouldn't have complained.

But after 30 days, they hadn't notified me of anything. So I told them they now OWED ME 150% of my deposit (Kansas law). Settled for 100% of my deposit, and was responsible for no damage. They should have followed the law.

How old are you now Clay? Buy a house for God’s sake.

**** off.

This is a good point. The statute says not more than 2x as damages. They are now past 30 days, so you demand 2x. Negotiating goal is 150%.

No, that's the one he rents from now.

Or something.

KS law at the time just said a straightforward 1.5 times the deposit. Not sure what to make of this "not more than 2X" or how they go about determining the approproate amount. Seems like it asks for a lot of unecessary headaches and just stating an exact penalty would be a lot easier, but that's Missouri for you.

The way I read it, the plaintiff would have to show damages and 2x is the cap. It's not a liquidated damages term (a term which provides for a set amount in damages if a particular contract term isn't met). One obvious "cost" would be interest on $1100 for however long they delay payment. Other obvious costs would be legal fees (if any), court costs, and the time and trouble to bring the action.

Now, I haven't looked at property law since I was in school and haven't read any recent cases on it so I'm hardly an expert. But, the above seems like common sense to me.

Statute has been recently revised from the 2015 version posted earlier in thread. The current language is:

535.300.6. If the landlord wrongfully withholds all or any portion of the security deposit in violation of this section, the tenant shall recover as damages twice the amount wrongfully withheld.

So straightforward 2x.

No.

My current one? Yes.

LOL, I should have gotten off my ass and looked it up rather than relying on a non-lawyer's statute search. OK Clayton, look up current MO statute that Jettio cites and cut n' paste that language. Demand 2x in you letter. I'd still settle for 150% if you get them to pay up immediately without fighting over it.

Chiefsplanet has spoken.

I'm guessing that "twice the amount wrongfully withheld" means that if the landlord were to prove say $300 in damages, then Clayton could only ask for 2x of ($1100-$300) which is $1600. This is where having those pictures comes in, b/c then you would have the means to fight their assertion of damages .

Now this is the kind of free legal counsel I've come to expect from this great forum.

Link please.

aw yiss

https://law.justia.com/codes/missour...ction-535.300/

oh my ****ing god, these assholes

"If it's a big property management company they aren't gonna care and will have a lawyer on retainer - I'd be civil with them.

Also, it's 30 days postmarked, so it's possible it's in the mail. I manage 2500 apartments and we literally put the deposits in the mail exactly 30 days after lease expiration"

They are so going to do this. I know them. LMAO

This is state's website for Revised Missouri Statutes.

http://revisor.mo.gov/main/Home.aspx

If you know Chapter and Section you can navigate to it. Also has some search features.

Hootie is reading this thread and has given me better advice than any of you.

You should all be ashamed.

If you do not receive one postmarked w/in 30 by Monday, you start making plans. ;)

If he works for a property management company, then he's got more direct experience. I sure as hell don't.

Heck, what I know is health care fraud and abuse.

That's a long way from Landlord/Tenant.

Just sitting her laughing, Clay didn't do a walk through with them and expects to see a deposit back...

I think you will be learning about small claims court on Saturday morning and without a post rental walk through, I think you're ****ed.

Big time effed. They will find a way to not give it back... or decrease it by so much that it won't be worth all the time you wasted on it.

I am not required to do a post rental walk through. Never have done it with any landlord and still got 90%+ of my deposit back.

In any case, their 30 days are up. The law is on my side, and I not only have proof that the property was in good condition (photos digitally dated), I have witnesses.

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I meantime small claims sometime back. I'm not sure about Missouri, but have been advised in SC that judges there don't like lawyers involved in small claims.

When I saw this thread I thought Clay was going to sue over the movie franchise poll result.

You don't need a lawyer. You need common sense.

These one who sucks the peniss still haven't e-mailed me.

LMAO Have you just called and asked what's up yet?

Your logical next step is to pick up a damn phone, not hire a lawyer at hundreds of dollars an hour. Jesus...


Once had a client where we did a major transaction (selling his business). After all was said and done, he called me and wanted me to call his bank to dispute a wire transfer fee they had charged him.

I politely explained that I would be happy to do that, but the wire transfer fee was less than what one-tenth of an hour (my smallest time increment for charging clients) of my time would cost him. He paused, thought about it for a second, and said he would call them. I laughingly told him I wouldn't charge him for THIS call, and he chuckled, said thanks, and went on his way.

Now pick up the ****ing phone before you make the same dumb mistake that guy wanted to make.

You don't understand who I'm dealing with.

A phone call isn't likely to get me anything.

My experience is that people who say they need a lawyer have never actually hired one before. They don’t work for free, and they charge you whether you win or lose the case. I utilize lawyers all the time for my business. If I could get around doing it, you bet your ass I would.

I think you need to be a little more patient and wait for your deposit to show up instead of looking to sue people.

It's probably somewhere in this thread but how much are we talking about?

Getting an attorney involved is going to cost a minimum of $400 to look into it and draft a demand letter.

Spending $400-1000 to get a $1,200 deposit back should be your last resort.

Anything you can do such as letters, phone calls, emails will be much more cost effective, and will probably result in an earlier resolution.

A lawyer IS GUARANTEED to cost you money though.

I can't speak to whatever state you're in. Hell, I don't even know what state you're in. Here in Massachusetts, however, withholding a security deposit would be a massive no no, and would result in paying multiple times the amount of the security deposit, plus attorneys fees.

Given how complex security deposits are here, landlords are actively discouraged from even having them. The Communist Commonwealth is so tenant-friendly it's unbelievable.

So I would:

1. check the laws to see what provisions apply to security deposits, and their return, and

2. call them, once you know WTF you're talking about, and politely explain that you havent' received your security deposit check back, and if you don't get it, then under Section ___ of the [law], you will be entitled to -- whatever, double or triple damages, plus attorneys fees.

At that point, they should know they're not dealing with some idiot, and cut the check pretty quickly.

Or pay a lawyer to do basically the same thing, except now you're out a bunch of money.

As we tell our clients, all we have to sell is our time and our expertise.

If you're in Missouri, go to page 11 of this:

https://www.ago.mo.gov/docs/default-...-tenantlaw.pdf


You can sue to recover up to twice the amount unlawfully withheld.

Your statutory citation is Section 535.300 of the Missouri Revised Statutes.

https://law.justia.com/codes/missour...ction-535.300/


At 2x the security deposit, but no recovery of attorneys fees (very much disfavored in the US under nearly all circumstances), you're almost certainly bringing a small claims action, and would NOT hire an attorney at any point along the way. The lawyer will eat up your 2x security deposit quicker than you can say "What the ****? These guys are EXPENSIVE!"

So that's it. Call them and explain it, or else file a small claims action.

Afraid of confrontation, apparently.

Reminds me of this. Freaking millenials.

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You say they are assholes and you like to keep everything in email, good thinking.

You emailed on day 30 if I understand correctly, and that haven’t responded which is in your favor.

So give them a call and try to talk to someone. Let them know it has been 30 days and you just want to know why you don’t have your deposit back. Let them know that you know it’s supposed to be back within 30 days, don’t be an asshole. Be overly friendly to them. After they give you whatever bullshit answer they give you, thank them for their time. Hang up the phone and email them again. Saying hey, just got off the phone with so and so about my deposit that hasn’t been returned within the 30 days. Just want to work with you and get my money back.

That gives you more proof and keeps your ass covered. Then wait another 24-48 and if nothing back after that, then try to find a legal way through it.

Is it 30 CALENDAR days or 30 BUSINESS days minus any holidays?

I would give them a 3-5 day grace period max! Then I would file a criminal complaint rather than a civil one if your local jurisdiction allows.

Clearly you're a complainer, not a problem solver.

LOL - that is funny, only because it's true.

English, he needs a lawyer.:D:D:D:D