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?

[Amnorix]

Originally Posted by Hammock Parties

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

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

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.

[Amnorix]

Originally Posted by ChiTown

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.

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

[Amnorix]

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.

[RaidersOftheCellar]

Afraid of confrontation, apparently.

[Amnorix]

Originally Posted by RaidersOftheCellar

Afraid of confrontation, apparently.

Reminds me of this. Freaking millenials.

[Perineum Ripper]

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.

[scho63]

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.

[Skyy God]

Originally Posted by Hammock Parties

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

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

[ChiTown]

Originally Posted by Amnorix

Reminds me of this. Freaking millenials.

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

[cooper barrett]

Originally Posted by ChiTown

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

English, he needs a lawyer.

[Skyy God]

Originally Posted by Amnorix

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.

Better yet, send them a certified letter indicating you have documentation of the pristine condition you returned their property in. Tell them if your deposit isn't fully returned in 7 days, you'll file in small claims and seek double damages under R.S.Mo 535.300.

You'll likely get paid.

Or just keep bitching about it on the internet like an ineffective, impotent millennial. Your call.

[Hammock Parties]

drafting certified letter

[cooper barrett]

Why is he out of a bunch of money? If he wins they pay his atty fees. right? No They don't

Threatening to hire atty ("plus atty fees") usually gets the door slammed in your face. An 800lb gorilla doesn't waiver when threatened but there are ways to get people to act, unless they have already rallied the lawyers who say their fine.

Originally Posted by Amnorix

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.

Is there a thread for placing bets on how this comes out?

[Skyy God]

Originally Posted by cooper barrett

Why is he out of a bunch of money? If he wins they pay his atty fees. right?

Threatening to hire atty ("plus atty fees") usually gets the door slammed in your face. An 800lb gorilla doesn't waiver when threatened but there are ways to get people to act, unless they have already rallied the lawyers who say their fine. Just remember if you sue them and lose you are paying their atty's fees and yours.

Threatening to hire an attorney is a rookie mistake. No surer way to indicate you don’t know how much they charge.

[oldman]

Originally Posted by Dartgod

This.

It flat out amazes me that practically everyone carries a cell phone in their pocket and there are millions of landlines out there, but no one seems to want to talk to anyone. Pick up the damn phone and call them before you do anything else. You're going to feel pretty damn foolish when you get home and find your check in the mailbox.