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| Wanting my deposit back |
| Posted by: jamie Ang. |
| Date: September 27, 2005 09:55:10 PM |
| I did not sign a lease. The landlord's secretary, or live in partner, said that she would not deposit unless we moved in and signed a lease. She deposited the money. It cleared my bank. We still have not signed the lease and want our deposit back. I did not sign anything saying that I would have to forfeit my deposit if we did not want to do business with her. How long does she have to refund my money in the state of Oklahoma? Who did I turn them into? How do I have them audited to make sure that they deposited the money in a correct account and not into their personal account?
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| Re: Wanting my deposit back |
| Posted by: Ed |
| Date: September 27, 2005 11:01:40 PM |
| Was this a deposit to hold the unit, or to apply, or for the unit itself if you signed a lease? How much was it? What do they say when you ask for the deposit back? You need to provide additional information on what your understanding was when you wrote the check? In other words, why did you give them any money (except application fee) if you didn't agree to lease? |
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| Re: Wanting my deposit back |
| Posted by: barbara harris (BJ) |
| Date: November 12, 2005 08:06:03 AM |
| in 2001, i signed a lease with then owner of apartment,paid deposit of $500.then in 2004,i moved into another apt.in the same building and made another deposit of $750. my lease was up on 10-12-05,i moved out on 9-26-05 after giving verbal notice and returned on 10-27-05 to do a walk through with the manager of the apt., who refused to do it at that time.I spoke with the owner who informed me that the manager said he would do it later.I then recieved a voicemail from the owner almost 3 weeks later telling me that the manager had made comments to the fact that I had done damage to the property,and had kept them from getting another tenant.before leaving the proerty I took pictures and had someone else take pictures of the apt.,and do a walk through. I would like to know what recourse I have in order to get my deposit back. The owner who is the son of the original owner with whom I had the lease now refuses to give it back. |
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| Re: Wanting my deposit back |
| Posted by: Ed |
| Date: November 12, 2005 10:48:02 PM |
| Barbara - what is the state where you rented? It isn't clear from your post whether you received your first deposit back when you rented the 2nd unit. Did the landlord (LL) send you a written itemized list of deductions from your deposit? In CA, if the LL does not send the tenant an itemized list of deductions within 21 days of vacancy or termination of the lease, they automatically LOSE the right to deduct damages from the deposit. Look at your state rules on this for the state where you lived during the tenancy. If the LL didn't provide an itemized list within the prescribed time, send a letter to the LL disputing the deductions and request your deposit back. Also indicate that if the deposit is not returned within 10 days that you will pursue legal action (make a copy of the letter). If they don't respond, sue them in small claims court (it is very easy).
If the LL is not required to provide an itemized deduction to you, request one. They are only allowed to deduct damage that is NOT normal wear and tear. Again, you can sue them in small claims court for the return of your deposit.
Before suing, think about what damage they say you did. If it is beyond normal wear and tear, keep in mind they can sue you for any amounts the deposit didn't cover and likely will if you sue them. Good luck! |
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| Re: Wanting my deposit back |
| Posted by: Ralph |
| Date: November 14, 2005 05:48:02 AM |
| In absence of a written agreement, the case hinge on the oral agreement between you and the landlord. Oral agreements are as enforceable as a written agreement if there is proof, including witnesses, to what the agreement was. If the deposit was for holding of the unit for you, not a security deposit, you may have no right to get it back, the landlord may have no responsibility to send you an accounting, and/or the law of your state may prohibit deposit of the funds into a personal account. Some states do not prohibit deposit of even a security deposit into a personal account. The bottom line is that you need check the statutes of your state and, if the landlord has violated any, guess whether your word or that of the landlord might be considered most believable by a Judge. |
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| Re: Wanting my deposit back |
| Posted by: Jerry |
| Date: January 17, 2006 10:50:11 AM |
| In California a landlord has 21 days to either return a tenants deposit or send the tenant an itemized list of damages w/ receit. Landlord can't charge you for normal wear and tear! Plus landlord can be charged up to 3 times the amount in punitive damages if found to be in violations "in this case" California Rental laws. As in purposely with holding a tenants security deposit. We received our deposit 35 days after we vacated unit w/ charges deducted from our deposit. We lived at unit for 11 1/2 months.
We gave a move out notice 30 days before we moved! We also sent to landlord 2 days before we moved out of unit. A notice of change of address aswell as a request for our security deposit to be returned to us!
Doe's this tenant have a case? |
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| Re: Wanting my deposit back |
| Posted by: Ed |
| Date: January 19, 2006 09:15:40 AM |
| Jerry - it isn't clear from your posting whether the LL sent an itemized within the 21 days and how you computed the days. If you had a year lease and vacated after 11 1/2 months, it looks like the LL returned the deposit within the timeframe required (within 21 days from the end of the lease). 1/2 month remaining on lease =15 days, LL returned 35 days after vacating, so it appears they returned it within 20 days of lease end by my calculation. As I said, I don't know the details of your lease, but I can see how the LL didn't comply with the law depending on the facts. |
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| Re: Wanting my deposit back |
| Posted by: JoLee |
| Date: February 21, 2006 10:53:56 AM |
| We paid a $650.00 deposit and signed a years lease to rent a home, we also needed the use of the detached garage to the house and had to pay another $250.00 to have him pour a concrete floor because he said he wouldn't have the garage done until spring.
The landlord was going out of town at the time and said he would get us a copy of the lease when he returned. 2 weeks later we changed our minds because my husband and I didn't realize it at the time but the bedroom our 6-foot son would be using (it was an attic space) wasn't tall enough for him. The landlord also said he would be continuing to work on the house as we lived there; siding, porch, re-placement windows etc. using the rent money to fix up the house. So we also didn't like the idea of the landlord constantly working at our home and decided to get a different house. When we told him, he said he would give us our money back as soon as he rented the house except the cost of running another ad. ...It has been a month now and he hasn't rented it nor will he answer our calls.
Do we have any chance of getting any money back?
Thanks,
New To Renting |
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| Re: Wanting my deposit back |
| Posted by: Ed |
| Date: February 22, 2006 04:35:01 AM |
| JoLee - It sounds like you signed a lease, knowing the size of the house and that the LL would be working on it while you were there, than changed your mind. It sounds like what he is doing is trying to re-lease the house. As long as he continues to do this, he's trying to mitigate the damages that you caused by changing your mind. I'd be more concerned about him coming after you for the lost income beyond your deposit because you are legally obligated to the house for 1 year. I'd call everyone you know who might be interested in renting the place and send them to him to see if you can get the unit filled ASAP.
Short answer - no, I don't think you have a chance of getting the $$ back from the LL. |
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| Re: Wanting my deposit back |
| Posted by: grett |
| Date: April 15, 2006 01:54:51 AM |
| On march 15th 2006. i applied for an apartment that goes by your income. While i was in the office, the manager let me know that i was within the income bracket. I provided all of the documents needed. My credit and back ground checked out just fine. i handed the application fees in, and put down a deposit of $669.00 . She informed me that if i did not give her the deposit, she couldn't hold the apartment without the deposit. i said fine. She said that everything was fine. She gave me a move in date of May 10th. Because the other tenants had to vacate, at the end of April. That would give her time to get the apartment ready. On April 20th, she calls me and informs me that compliance said that i was over income. Compliance has turned me down. She said that They would not be returning my deposit back to me until April 7th. She is sorry for the inconvience that this has caused me. On April 14th she calls me, and informs me that they will be signing my check. so far today i have missed out on 3 places to rent, because of them holding my deposit for sooo long. I thought that when you give a deposit, and they tell you a move in date. That is a verbal contract, and a binding contract when you give the deposit. please advice me as to what i should do!!!! |
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