Help getting deposit back from leaser

FrankySox

FrankySox

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PROLOGUE

Well I'm writing pretty fucking mad right now, and I'm looking for any logical solutions that some of you can provide if you've been in a similar situation.

I'm dealing with a pretty prominent rental office that has three large scale properties around the city.

Here's the story:

We moved out on the first of last month. The sheet they sent us detailing information talks about how to clean the place and that they send the deposits back on the 14th of every month.

The 17th comes and I have yet to receive the check, so I call. These idiots tell me that they sent it to the apartment we just moved out of. The lady proceeds to ask me if I provided a forwarding address. I did provide it on a card when I turned in the keys. The lady ends up finding it in the file and says yep here it is for whatever reason it didn't get put in the system.

She then tells me to call back two weeks from then (which was last Wednesday) if I didn't have it because they have to wait two weeks to stop payment on the check. So I wait, no check. I call back last Wednesday and they said they'd have to put a stop payment on it so it should be ready Friday.

Last Friday I called and apparently the president is the only person who can stop payment on this check and he/she wont be returning til next week...okay I'm starting to boil at this point. She tells me to call back on Monday and Tuesday and we should be ready to go.

So, that brings us to today August 31, 2009. I call about 3 to give them ample time to have stopped it today and make a new one. I'm told the lady who does the deposit checks NEVER works on Monday. The desk clerk offers to let me leave a voice mail, but I refuse and I say I'll just call back tomorrow.

I'm being very careful not to lose it on the phone with these people for fear they will just never give me my check. But my patience can only last so long.

I guess my question here is what do I do if I keep getting the run around? This is about a $1000 check so I kind of want it. Maybe I'm just over reacting and haven't given it enough time, but after writing this and reading it myself it seems like I'm getting the run around.

Any advice would be greatly appreciated.


UPDATE: Post 7
 
Last edited by a moderator:
where do you live? i know in california they have 3 weeks to return the deposit or you can take them to court to sue for the deposit and more for "damages"
 
[quote name='FrankySox'] So, that brings us to today August 31, 2009. I call about 3 to give them ample time to have stopped it today and make a new one. I'm told the lady who does the deposit checks NEVER works on Tuesday. [/quote]

Well what was the problem then, the damn lady that does the deposit checks should have been there today since it was Monday and she should have been able to do it today for you.
 
Yeah I've actually already told them not to send another one out. So hopefully today is the day.
I live in Nebraska and it has been over three weeks so I might have to check into something if I can't get this figured out by the end of the week.


>>>TO Mission42, sorry Tuesday=Monday in that last sentence.
 
Update:

Well just got the runaround again. Was told they were out to lunch at 10am and to call back later. I called back and they transferred me to the wrong person who then transferred me to the right person who happened not to be there. I left a message which still has not been returned.

This has become an absolute joke, I feel like they are stalling for some reason, but I'm not sure why. I'm positive they don't want to have to put a stop payment on the first check but it's been 3 weeks just do it already.

I'm running out of ideas here, and have no idea what my next move should be.
 
Well, I think there are 2 things you can do.

1) If possible, show up in person. You'll be amazed if you show up and start asking to speak to the highest person how quickly things get solved. This doesn't work 100% of the time, but it can.

2) If you have the money, a lot of lawyers will do a quick call for you really cheap (if you have some ballz, you can get a friend to make a call and impersonate, but this can get very tricky). All they need to say is that you've retained them, and your looking for a status on the check. Usually, bring in a lawyer, and if they're pulling bs, it ends real quick.

The simple thing is that most people give up after a bit, and they are probably counting on that.
 
Go down there at your earliest convenience when you know the person you need to speak with is there and deal with them in person.

They're ducking you on the phone, it's well time to discuss the matter in person.
 
[quote name='FrankySox']Update:

Well just got the runaround again. Was told they were out to lunch at 10am and to call back later. I called back and they transferred me to the wrong person who then transferred me to the right person who happened not to be there. I left a message which still has not been returned.

This has become an absolute joke, I feel like they are stalling for some reason, but I'm not sure why. I'm positive they don't want to have to put a stop payment on the first check but it's been 3 weeks just do it already.

I'm running out of ideas here, and have no idea what my next move should be.[/QUOTE]

Might be a bit premature, but small claims is an option. Like someone mentioned earlier, in California, if a deposit is not returned in 3 weeks, the receiver has the right to sue for the cash and damages.

Your best bet however is to just wait it out, give it until the end of this week and go from there. $1000 is a lot of money, and just tell them straight up to stop fucking around. They don't have the right to NOT give you your money just because you're belligerent. It's your money and thus you should get it. It was an error on their part so they should also compensate you for their mistakes.

Keep us updated! Good luck!
 
Yeah, me and my roommate had talked about going down there. The thing is I could see them saying "such and such" isn't here right now. I definitely have the marbles to either A) call a lawyer and have them call, I know a few so I could probably get that for cheap or B) go down there and demand it get taken care of.

To me it just seems that at the point they are hell bent at keeping my deposit out of my hands, I promise one way or another I'm getting it. Them giving me the run around makes me want it even more. I can't believe people would just give up.

I'll keep you guys updated and thanks for all the advice.
 
Go down there in person and give it one try. If they keep ducking you, send them a certified letter with a return receipt with your request to get back the security deposit. According to the laws in your area, they have fourteen days to return your deposit after you request, and you should remind them of the legal statute for this when you send the certified letter.

If it doesn't work, consult a lawyer. It's an open-and-shut case, from what I'm seeing, but I'm not a lawyer. I sent you a PM with the statute for your state's law, assuming you're in the state that came up from the IP check I did, to see where you're at.
 
I gave an address and they still sent it to my old address. Luckily USPS forwarded it onwards to me because I did the change of address forms.
 
If you don't have one, you need to rent a wife. Once you have one in your possession, drive her to the front office, set her to nag and point her at those poor bastards.

That is how I got my $150 deposit back despite owing them $600 in promised rent.
 
[quote name='shrike4242']Go down there in person and give it one try. If they keep ducking you, send them a certified letter with a return receipt with your request to get back the security deposit. According to the laws in your area, they have fourteen days to return your deposit after you request, and you should remind them of the legal statute for this when you send the certified letter.

If it doesn't work, consult a lawyer. It's an open-and-shut case, from what I'm seeing, but I'm not a lawyer. I sent you a PM with the statute for your state's law, assuming you're in the state that came up from the IP check I did, to see where you're at.[/QUOTE]

This is exactly what I'm going to do. I'll give the lady til tomorrow to call me back and if she doesn't I'll be making a trip to their offices on Thursday. If that doesn't go well it'll be time for the certified letter. Thanks for the help.
 
Update:

Decided to give it ONE more shot. I had called and left a message on her voice mail at 2:30pm yesterday which gave her over 24 hours to return my call. I called and of course they asked who was calling. They ask me to hold then comes the "She's in a meeting with the boss, she said she'd call you back". I left my number so I'll hope for the best. It was a different receptionist so we'll see.

This is definitely it I'm not even going to mess with wasting my time going down there to just get shut out again. I'm getting right down to the letter. I'll talk to my roommates and see if they want to try once, otherwise it's time to bring the wrath on these ass hats! One of my roommates was a real bitch so maybe she can have some luck, but I doubt it.
 
Mail off your registered letter tomorrow, and make sure you include the statute that they're in violation of, and remind them that they're well past their 14 days they're allowed to sit on the deposit. Also remind them that you're going to be seeking legal assistance on the matter.
 
When they said she was in a meeting with the boss that was your cue to high-tail it over there and get a face-to-face!! Unless they were lying again. Anyway, good luck, and keep us updated.
 
Just to illustrate why you should rethink your course of action, in Texas the complex or individual has 30 days to return your deposit or provide an itemized deduction list. If they don't, you are automatically awarded triple your deposit by law. You working this hard to get it would make it an absolute slam dunk, though none of it is required. The simple act of not getting it to you in 30 days is enough.

Every time we move we pray to god that our landlord "forgets" to give it back. We sure as hell don't complain about it.
 
I live in Nebraska, a google by Shrike showed the laws, and it looks like 14 days here with no note of triple compensation.
 
[quote name='fatherofcaitlyn']Knock over the magazine rack on your way out.[/QUOTE]


lmFao!:rofl:
btw, ur avatar rocks

I went thru a similar thing but mine was much worse. Had to leave the place because of fleas...ugh...if anyone knows wsup with that they know these fuckers are resilient. im treating my NEW place just in case they came over with my shit.

got my security deposit back today and was i relieved as hell. Best thing to do like others have said is go in person and handle it. If it can't be done then, get something in writing (use it in a legal manner if it gets to that). I knew they werent trying to gimme back my security deposit back so easily so I asked for something written ASAP before i signed any agreements to break the lease.

good luck and persevere!
 
I guess they decided I wasn't going away. They called me back today at 8:00am and told me I could come get it.

Went and picked it up, so this situation has been resolved. Thanks to everyone for help/advice especially Shrike.
 
Good to hear that they pulled their collective heads out of their collective asses and handed over the money.

Let's hope the check doesn't bounce.
 
[quote name='shrike4242']Good to hear that they pulled their collective heads out of their collective asses and handed over the money.

Let's hope the check doesn't bounce.[/QUOTE]

Good advice. If possible take it to the bank its from and cash it asap.
 
[quote name='TC']Good advice. If possible take it to the bank its from and cash it asap.[/QUOTE]That's the important part of this mess, and hopefully the bank it's drawn on is a bank that's accessible in FrankySox's neck of the woods.

[quote name='speedracer']Congrats on resolution. Go Shrike with the IP based case law. :D[/QUOTE]Just took a Google search to find the official government site for FrankySox's state and passing that info off to him.
 
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