I took pics on the day I moved in and I am taking pics now (the day I'm moving out).
I'd be willing to wait a month to see my deposit, but I am being told I will not see it and am not given a reason. Plus, I have always paid rent on time. And no part of the lease was breached on my part. House is in perfect condition and I have pics to prove it. Plus they can walk through and inspect any time and it's all fine but they have not yet. AND they are saying I will not see my $$. Who should I call?
They have been very lazy w/ every aspect of property management. They are giving me the run-around. I can't really afford a lawyer but I will not just stand here or bend over backwards and just accept the shady crap they are trying to get away with. Any advice?
I live in the Sunshine State.|||call the property owner..|||Unfortunately just saying "I paid 100% on time and it was perfect" doesn't mean Jack to them.
DId you do the walk-through with them? If you didn't, you should have. ALWAYS do it with them.
They have to replace the carpet and repaint the apartment no matter how clean you kept it, so count on that being taken out. If you paid $200-$300, that's probably where it's all going.
However, I would go over to the apartment complex tomorrow and demand an answer or you will start arbitration in small claims court.|||#1 don't wait a month. Call them up and demand a reason WHY your not getting your deposit back.
#2 It is very common for tenants to withhold payment of their last months rent, then have the landlord apply the security for payment. You might consider staying another month.|||Small Claims. Or if you consider yourself to be low-income, there might be a low income free legal clinic in your area that will offer you representation for free.
I used to work at one; land lords suck.|||The security deposit and/or explanation of how it was spent must be sent to you within 15 days after the termination of the rental agreement. If this is not done, the landlord forfeits any claim to the security deposit. A walkthrough is a definate must especially since they are seemingly not being very forthright about why you won't be getting the deposit returned. If they won't do a walkthrough, take your documentation to the office and have them sign a statement about the condition of the unit.
Your only recourse is Small Claims Court to get your deposit returned.|||Be quiet for a while. Be sure they have your new mailing address, but otherwise don't say anything.
In most places they are required by law to give you a written accounting for the security deposit within a certain number of days. If they don't, you sue them in Small Claims Court and get double or triple damages.
Even if you absolutely trashed the place if they don't give the accounting you could get double or triple damages.
By the way the move-out photos are weak evidence as there is no proof when they were taken. The Move-Out Inspection is a formal process. It is best accomplished with a single check-off form with space for "before" and "after".
www.hud.gov/offices/adm/hudclips/handb鈥?br>
You see that YOU note all the 'less-than-perfect" stuff as you move in so you won't be responsible when you leave. It also requires a notation by the landlord at move-out time that he must check. The document then becomes added evidence in your case.|||tell them that if you have to you will take it to court and that you have proof so you are guaranteed to win. That'll usually scare them and you wont have to actually go to court. As for who you have to call im not sure about that. And also, they must give you a reason to why they are not giving you your deposit!|||According to the details of your Q, unfortunately, you only did about 1/4 of what was required to protect your deposits.
Unless we [those reading your Q] missed something: When you moved into the property, did you make a list of all the things wrong AND within a realtively short period of time, send a copy of that list to the landlord or agent?
Merely taking pictures doesn't mean anything. Unless there is a date on your pictures - both when you moved in AND when you moved out, the pictures are used to substantiate your list of the things which are wrong or repairs needed at that property.
AND in most states the landlord usually has 30 days to return deposits or a portion of deposits.
In most states: if you forfeit your deposits or the landlord takes any portion of your deposits, he/she/they must let you know - in writing, within 30 calendar days [days in a row] - what the deduction(s) is/were for.
You have to give the landlord the proper wrotten notice according to the terms of the lease AND provide an address where the landlord is to mail your deposits and/or the written explanation.
If the landlord doesn't return the money or doesn't give an explanation within 30 days, many times the ex-tenant simply takes his/her/their lumps and moves on to the next property.
At other times, when the ex-tenant feels there is a chance for the return of the deposits, he/she/they gather the facts - rent receipts/money order receipts/cancelled checks, the list, pictures and all other info they think they will need AND they sue the landlord in small claims court or in Landlord-Tenant Court.
Thanks for asking your Q! I enjoyed answering it!
VTY,
Ron Berue
Yes, that is my real last name!
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