I moved out of my apartment in March, and I’m having a difficult time getting the management company in charge of the complex to send me back my security deposit. My lease says:
They’re very far from their 45-day mark. The local rental office claims it’s not their fault, they processed the paperwork and sent it off to the main office in California, who is supposed to send out the checks. Well, I’ve been calling for a month and a half now, and they’ve told me to be patient, wait another week, the main company had database problems, the checks were being sent out on such-and-such a date… Covering for the main company, and pissing me off.
What I want to know is, how do I find out the rate of interest on a security deposit? They’ve held my deposit two months longer than they said they would, per my rental agreement, and if I’m due extra interest, even if it’s 24 cents, I want it.
I’m in Maryland, the apartment complex was in Anne Arundel county, if that makes a difference.
I also need to know what to do if they keep giving me the runaround. What’s the penalty for them not getting my deposit back in 45 days? The lease goes on to say:
Do I need to get a lawyer? Can I do small claims court?
The damn deposit is over $1000.00 and I kinda need that money.
When you call, follow up with a letter (a real letter; not email!) referencing the details of the phone conversation (date, time, who you spoke with, etc.). Better still, send the letter return receipt requested so you can document it was received.
After doing this every week for at least a month, mention you are taking this to court if you do not receive the check by a specific date. Don’t forget to send your follow up letter.
When the date arrives and still no check, go to small claims court (providing you meet the criteria). You don’t need a lawyer for small claims court. When you win, you want the sheriff to serve notice on them.
On preview, I see Gfactor has answered.
You can always picket them, standing outside their rental office on a public sidewalk. It helps if you notified the TV media in advance.
Have you checked whether there’s a tenants’ union in your area? I’ve found the one here to be very helpful.
Also, you might be amazed how fast you get your money back if you send them a letter that states what the penalties are for failure to return a security deposit as required by law. Three months’ rent is a big chunk of money.
Thanks for the input, everyone. I’ve written a letter to the big bad rental company, telling them that while I understand they may have had some technical difficulties with sending out the checks, I think that I’ve been very patient, waiting more than twice as long as the law says I should wait for my refund. I expect to have my money refunded to me within the next two weeks, and my next communication with them will be through a lawyer.
I don’t want to be snarky, I don’t want to take 'em for all they’re worth and sue them for triple the deposit. I just want my money back, because it’s mine!
Duckster, while picketing is tempting, because it would feel really good, instead I’m going to all the “help me find an apartment” websites where this particular place advertises, and I’m adding my comments to the reviews, so people can be aware that they may have to fight for their money.
The law specifies triple damages so that landlords don’t screw around with returning deposits. They’re screwing around with returning your deposit. Why not seek the legislatively defined penalties? For $2,000, it sounds worth it to me.
How would they have responded to a rent check that was a month late? “Oh, you’re having ‘database issues’? Never mind then, pay us at your convenience.”
Why not sue them in small claims? Do you think that they wouldn’t be trying to screw you if the tables were turned and you were a month late in paying rent?
You have to be careful when you get aggressive with a landlord. It does say the security deposit LESS damages does it not?
If so then you can bet your landlord will have found a lot of damage with your property. This is why you always do a final “goodbye” walk through with the landlord on the day you leave. If you didn’t do this, you’re pretty much at their mercy.
The triple damages is just to prevent a lawsuit, sure the judge could give you that but probably won’t unless he feels the management company was willfully negligent and not just careless in their record keeping.