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?

[vailpass]

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

[vailpass]

Originally Posted by 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.

**** off.

[JohnnyV13]

Originally Posted by 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.

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%.

[rabblerouser]

Originally Posted by Sweet Daddy Hate

I thought you loved this landlord?

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

Or something.

[cosmo20002]

Originally Posted by JohnnyV13

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%.

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.

[JohnnyV13]

Originally Posted by cosmo20002

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.

[jettio]

Originally Posted by cosmo20002

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.

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.

[Hammock Parties]

Originally Posted by Sweet Daddy Hate

I thought you loved this landlord?

No.

My current one? Yes.

[JohnnyV13]

Originally Posted by jettio

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.

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 .

[Hammock Parties]

Originally Posted by jettio

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.

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

Link please.

[Hammock Parties]

aw yiss

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

[Hammock Parties]

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.

[jettio]

Originally Posted by Hammock Parties

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

Link please.

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.

[Hammock Parties]

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

You should all be ashamed.

[jettio]

Originally Posted by Hammock Parties

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.

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