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 ML 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

[tripleshot]

Send them a certified letter with the specific state law language typed out and ask for the $450 by a specific date. Include a copy of the earlier letter confirming you were to get the $150. Also threaten to take them to small claims court.

[lissaholly]

The above is good advice. As an aside , I would stop calling and stopping by and start emailing instead. It is harder to pass the buck, as they were doing by saying so and do wasn't in etc.

[isabel]

Jul 27, 2014 9:28:51 GMT -5 tripleshot said:

Send them a certified letter with the specific state law language typed out and ask for the $450 by a specific date. Include a copy of the earlier letter confirming you were to get the $150. Also threaten to take them to small claims court.

I would do this as well. They may pony up if it's strongly worded and you site the specific laws.

We actually have taken a landlord to court over something like this. We won full damages. It was pretty cut and dry.

[alicenelson]

Take tripleshot's advice. I also agree with lissaholly. You want to have documentation of your repeated efforts in dealing with these chucklefucks. Good luck.

[awick14]

I agree with a certified letter, it's a great paper trail.

Here landlords only have 15 days after move out to pay the deposit in full. Unless otherwise agreed to, (Like in your case) they would pay the agreed upon amount within those same 15 days.

[whiskeyandwine]

It is not uncommon that a manager wouldn't be in on the weekend or that a leasing agent couldn't help you. Often SD checks are sent from a corporate office so my guess is that the best she could have done even if she were there is tell you she would follow up with her AP contact Monday.

I would send a quick note today, via email, just reminding the manager that you would like a response by the end of business Monday.

If you don't hear back from the manager tomorrow you can escalate but at least give her a chance to look into it and get back to you.

Sent from my SM-G900V using proboards

[mandymay]

Everyone has given very good advise. I'm curious, what's the name of the management company?

[1confused1]

Start putting everything in writing.

[IndiaInk]

Jul 27, 2014 9:28:51 GMT -5 tripleshot said:

Send them a certified letter with the specific state law language typed out and ask for the $450 by a specific date. Include a copy of the earlier letter confirming you were to get the $150. Also threaten to take them to small claims court.

We went this route earlier this year with an unreturned security deposit from the last house we rented. We ended up going to small clams court and settling it in mediation. It was fairly cut and dry and I didn't feel like we needed a lawyer. Do keep EVERY interaction in writing though. That was the one thing I learned the hard way.

[midnightmare81]

Thanks everyone!

I can't believe I didn't think about emailing to keep everything in writing. That might work but I would need to get her email address since it's not listed on the website. In fact, I had to call an 800 number just to get the local office number. I will try to get it though.

As for the manager not being in on weekends, she is actually usually there on Saturdays since that is their busiest day and they have a TON of open apartments. We actually walked by our old apt while over there feeding our previous neighbors cats and could see through the open blinds that it was still empty a month later. All the other complexes have wait lists, including the one we moved into. They have low occupancy for a reason...

Either way, it was more the non-apologetic non- committal response received when I inquired about it that bothered me, not that fact that a check wasn't issued right then and there. I understand that she needs to contact corporate and that it can't be done on Saturday. But tell me flat out that you will call them on Monday and get back to me with some kind of answer as to what is going on by by end of business day, not "at some point". I will have H call and get her email or try contacting her again on Monday and give them until end of business day Monday to at least let us know what the hold up is before we proceed further.

Ultimately, like I said, I don't have the time or inclination to sue anyone. But I do want my money and and am mostly pissed at the lack of response or care when they owe me money. It should be noted the first month they took over, they called me an hour before close on the 1st to ask where their rent check was (I was on my way home from work, about 15 mins away) when the deadline for payment is the 3rd and we had never been late. I am still clearly annoyed by that!

As for the management company, I think the new one is called Atlantic Pacific?

ETA- It is pretty obvious that I am letting my personal feelings have a say in the matter and I am also venting a little. I know I shouldn't let my personal feelings get involved but after we moved out I really was ready to put our whole experience with them behind us. The fact that I am still stuck dealing with them after doing everything right on our end is what bothers me. How hard is it for her to say "I'm sorry" and at least pretend to mean it?!

[emsumm]

I'd sue.

[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?

[Deleted]

This post annoys the hell out of me. Of course they should pay it, but if you aren't willing to take it to small claims court what do you think we are going to do- wave our magic wands and make your security deposit appear? No one is going to write your demand letter for you. Either put on your big girl panties and get ready to litigate this or chalk it up to it just being $150 and move on.

[Deleted]

I only write letters for people I know. LOL.

[midnightmare81]

Jul 28, 2014 23:52:42 GMT -5 elle said:

This post annoys the hell out of me. Of course they should pay it, but if you aren't willing to take it to small claims court what do you think we are going to do- wave our magic wands and make your security deposit appear? No one is going to write your demand letter for you. Either put on your big girl panties and get ready to litigate this or chalk it up to it just being $150 and move on.

I didn't mean to say I wouldn't take them to court, just that it would be a last resort. It's not about being scared, it about the fact that I work 9+ hour days on top of a 54 mile commute each way and my job doesn't give 2 shits about employees needing time off. You're there when they need you or you get written up. So taking them to court would require possibly being written up if scheduled on a day work is busy.

I didn't actually want anyone to write the letter for me, though if someone wanted to offer ideas I wouldn't shoot them down.

[bittybomb]

Jul 29, 2014 8:46:33 GMT -5 midnightmare81 said:

Jul 28, 2014 23:52:42 GMT -5 elle said:

This post annoys the hell out of me. Of course they should pay it, but if you aren't willing to take it to small claims court what do you think we are going to do- wave our magic wands and make your security deposit appear? No one is going to write your demand letter for you. Either put on your big girl panties and get ready to litigate this or chalk it up to it just being $150 and move on.

I didn't mean to say I wouldn't take them to court, just that it would be a last resort. It's not about being scared, it about the fact that I work 9+ hour days on top of a 54 mile commute each way and my job doesn't give 2 shits about employees needing time off. You're there when they need you or you get written up. So taking them to court would require possibly being written up if scheduled on a day work is busy.

I didn't actually want anyone to write the letter for me, though if someone wanted to offer ideas I wouldn't shoot them down.

We have night time small claims court for people who are unavailable during the day.

[spitforspat]

.

[Deleted]

Jul 29, 2014 8:46:33 GMT -5 midnightmare81 said:

Jul 28, 2014 23:52:42 GMT -5 elle said:

This post annoys the hell out of me. Of course they should pay it, but if you aren't willing to take it to small claims court what do you think we are going to do- wave our magic wands and make your security deposit appear? No one is going to write your demand letter for you. Either put on your big girl panties and get ready to litigate this or chalk it up to it just being $150 and move on.

I didn't mean to say I wouldn't take them to court, just that it would be a last resort. It's not about being scared, it about the fact that I work 9+ hour days on top of a 54 mile commute each way and my job doesn't give 2 shits about employees needing time off. You're there when they need you or you get written up. So taking them to court would require possibly being written up if scheduled on a day work is busy.

I didn't actually want anyone to write the letter for me, though if someone wanted to offer ideas I wouldn't shoot them down.

Poor decision making skills if you just added a108 mile commute to a 9 hour workday. Especially since you just moved. Of course, maybe you moved to be closer to your husband's job, in which case, let him handle this. These are all a bunch of feeeellll sorrryyyyy for meeeeeees that have no resonance at all. I just hear whining.