Might need a lawyer

[Hammock Parties]

moved out of a place 30 days ago...landlord has my forwarding address...have e-mail proof that they received keys, etc

e-mailed them yesterday checking on status of my deposit return...no reply in 24 hours

what's next?

just go get a lawyer or politely inform them i am talking to one?

[wheeler08]

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

[Hammock Parties]

Originally Posted by Rain Man

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 did. They don't.

[eDave]

Originally Posted by Hammock Parties

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.

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

You are off base.

[jettio]

Originally Posted by Hammock Parties

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.

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.

[fan4ever]

"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..."

[Hammock Parties]

Originally Posted by eDave

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

You are off base.

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.

[DenverChief]

Originally Posted by eDave

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

You are off base.

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.

[DenverChief]

Originally Posted by Hammock Parties

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.

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

[Hog's Gone Fishin]

Originally Posted by DenverChief

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.

Yeah but you're Ghey.

[DenverChief]

Originally Posted by Hog's Gone Fishin

Yeah but you're Ghey.

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

[JohnnyV13]

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).

[Sweet Daddy Hate]

Originally Posted by Hammock Parties

I waited 30 days.

It's their job to return the security deposit, not mine to enforce the return of it.

They are a shitty ****ing management company, **** them.

I thought you loved this landlord?

[jettio]

Originally Posted by Hammock Parties

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

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.

[BryanBusby]

Originally Posted by Hog's Gone Fishin

Oh shut up . Landlords don't want problems they can avoid. They have enough. A simple phone call should take care of it.

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.

[cosmo20002]

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.