Unreturned Security Deposit- How to proceed? XP *Updated*

[midnightmare81]

We moved out of our old complex June 9th. Cleaned the shit out of everything and on our walk through were verbally told we would be getting $150 back from our deposit after taking out for a broken shelf in the fridge (that way when we moved in but forgot to list it on the sheet so we couldn't fight it) and new drip pans (cheaper for them to replace then us). We received a certified letter within the 30 days again stating we would be receiving $150 back from our deposit and that it was in process.

Up until now we have been so busy that we hadn't given it much thought. I finally got some free time yesterday and realized we still had not yet received our deposit. I tried calling early afternoon and was told by one of the leasing agents that he wasn't able to see anything and would give my info to the complex manager and I would hear back by the end of the business day. About a 1/2 hour before closing I still had not heard back and had to run out to get something anyway so I stopped by. Leasing agent was the only one there so he called the manager (I guess she left but didn't tell anyone).  She told him that she would need to contact the corporate accounting office and she would get back to me "at some point".

It should be noted that the new management is TERRIBLE and they are part of why we moved. That said, I really do not have the time or energy for a lawsuit. I went from annoyed when I realized we still hadn't gotten it to really pissed when they were so nonchalant about it. If the response had been "I'm so sorry. I will contact corporate first thing on Monday and make sure a check is sent out right away", I probably would have been happy with that for now. I know for sure if I was almost 3 weeks late on rent they would have started proceeding with eviction. There is no way "sorry, I'll contact my bank and pay you eventually" would have in any way been acceptable to them.

So now I need to decide how to proceed. I will try contacting them on Monday but they are only open 10-6 and I will be working 10-7:15, including through lunch, since we have a ton of required OT. I can try and have H contact them but I usually handle this type of thing since dealing with issues like this isn't his thing.

What would MM do? We live in TX. As per state law they are late if we don't have a check in hand by the thirtieth day and we can collect up to 3x the deposit we are owed, $100, plus court and attorney fees. Part of me feels like I just want my check and to get it over with. The other part of me wants to stick it to them since they suck and it is not any more ok for them to be late then it is for the renters to be late.

Sorry if that is long and a little disorganized. I haven't had my coffee yet

[minzy]

Are you certain they have the correct address?  We had an issue with that once, they sent it to my husband's office, and someone there routed it to headquarters, and blah blah blah it wound up being a couple of months.  Sorry this is an issue for you.

[midnightmare81]

Jul 27, 2014 9:50:01 GMT -5 minzy said:

Are you certain they have the correct address?  We had an issue with that once, they sent it to my husband's office, and someone there routed it to headquarters, and blah blah blah it wound up being a couple of months.  Sorry this is an issue for you.

They do. We received the certified letter at our new address. H had to go pick it up from the post office since it had to be signed for, but the little ticket letting us know made it to our mailbox.

[scout8]

I would give it the week to see if they respond. If not, then I would contact an attorney. There are attorneys who specialize in this sort of thing. Since they can collect attorney fees, you shouldn't have any problems finding one to take it on.

[livinitup]

What is their email address? I'd leave them a phone message every single day stating "I want my money." until you have the check in hand. Leave your email address with a request that they confirm, via email, that it is done- so you can track this outside of YOUR work hours.

Don't inconvenience yourself, but contact them every day until you get the money.

[mrshandy]

We took our landlord to small claims court when she didn't return our $2100 deposit with no explanation. We now have a lien on her property no idea when we will ever get paid.

[midnightmare81]

Jul 27, 2014 11:21:30 GMT -5 mrshandy said:

We took our landlord to small claims court when she didn't return our $2100 deposit with no explanation. We now have a lien on her property no idea when we will ever get paid.

Thankfully (in some ways I guess) this is a corporate owned property so it should be fairly easy for the courts to require payment.

That is terrible and part of the reason we didn't want to rent for a private landlord, though in this area it isn't really an option anyway. I'm sorry your going through that and I hope you at least get your money some day!

[rubytue]

What would I do? Send them a certified letter including the relevant part of the code that says they now owe you $550 (3x$150+$100) and ask to have it sent to you within 10 days or you will file in small claims court. If they fail that, they will be 60 days after you moved out, twice the required time.

[midnightmare81]

Jul 27, 2014 13:46:02 GMT -5 rubytue said:

What would I do? Send them a certified letter including the relevant part of the code that says they now owe you $550 (3x$150+$100) and ask to have it sent to you within 10 days or you will file in small claims court. If they fail that, they will be 60 days after you moved out, twice the required time.

I think this is what we will do if I don't get any notice by end of business day tomorrow. We should probably give them that since I didn't mention anything until yesterday and they wouldn't have had a chance to talk to corporate yet. I think I will be asking for more money anyway though since they were late, like maybe meeting in the middle.

We just wanted to make sure we weren't overreacting I guess?

[aurora]

Jul 27, 2014 14:11:42 GMT -5 midnightmare81 said:

Jul 27, 2014 13:46:02 GMT -5 rubytue said:

What would I do? Send them a certified letter including the relevant part of the code that says they now owe you $550 (3x$150+$100) and ask to have it sent to you within 10 days or you will file in small claims court. If they fail that, they will be 60 days after you moved out, twice the required time.

I think this is what we will do if I don't get any notice by end of business day tomorrow. We should probably give them that since I didn't mention anything until yesterday and they wouldn't have had a chance to talk to corporate yet. I think I will be asking for more money anyway though since they were late, like maybe meeting in the middle.

We just wanted to make sure we weren't overreacting I guess?

You're definitely not overreacting to want your security deposit back.  I think it's fine to give them until the end of the day Monday if you want to, but you have no obligation to do so.  Especially since it's run by a professional company and not a private landlord who may not have figured out what's up (not that that excuses him/her, but it might explain it), they should be keeping records and they should absolutely be paying you 100% of what they owe you, including all penalties.

[Deleted]

Jul 27, 2014 13:46:02 GMT -5 rubytue said:

What would I do? Send them a certified letter including the relevant part of the code that says they now owe you $550 (3x$150+$100) and ask to have it sent to you within 10 days or you will file in small claims court. If they fail that, they will be 60 days after you moved out, twice the required time.

exactly this!!

[midnightmare81]

Mini Update-

Manager called right as I was getting to work. She was very nice, though not overly concerned or sympathetic. She did confirm that she saw we were entitled to a return on the deposit and first mentioned that it was probably sent to our old address or that they did not have an address on file for it. When I informed her that we had received the certified letter confirming the deposit amount and that there was also a forward on the old address, she agreed to contact the accounting department and see what she could do. I kindly but firmly stated that since I would be at work H would be looking forward to hearing back from her with an update on when we would be receiving the check for the deposit plus late fees by end of business today. I must have caught her off guard since she paused then asked "what late fees". Hmm... the ones that I am entitled to now that it is over the 30 day move out mark, similar to those I would be paying if I was 3 weeks late! I didn't say it quite like that, but I think she got my drift.

Its now 9pm, well past closing. Anyone want to help write that letter?