So I haven’t heard from anyone in the landlord or residential management company and the 60 day period to issue my deposit back has expired. I’ve sent out numerous emails and phone calls with the following:
I really don’t want to escalate the matter and would just simply want my deposit back the first week of June. Escalating the matter may include the following intentions:
1. Small Claims Court
2. Filing a complaint with local Attorney General’s Office
3. Filing a complaint with local Better Business Bureau
4. Submitting online feedback on Yelp, twitter, Eopinions, and Facebook
Sounds like they are calling my bluff. Any suggestions to next steps or info you would like to share is most welcomed.
I live in Queens NY and am thankful for the feedback and help.
Its really disappointing and UNFAIR how that tenants are fined a late fee anytime we’re late on rent but where the hell is the penalty for management companies for being irresponsible?
Comments
You sue for the deposit.
One #1 on your list is valid. 2 and 3 will ignore you, 4 likely get you sued and possible criminal charges.
You can’t sue at this point.
First you need to send a written demand, via certified mail, and wait 30 days after that before you can file a law suit.
If you just want the depsoit back, then you sue for it. The full amount. Via small claims court. If they have violated the law, then you will win.
1. In small claims court, what you can sue for will depend on where you live. In some jurisdictions you can sue for what you are owed, legal fees/court costs, and potentially time spent pursuing the matter.
2. Filing a complaint the the AG isn’t going to do much since the mgmnt company has violated civil law, not criminal law. The only way the AG will care is if there is a pattern which creates fraud or some other criminal problem, which typically means multiple plantiffs. One person isn’t going to create a criminal case.
3. The BBB is a non-governmental agency. They do not enforce laws, make laws, or do anything other than post whether or not a business has had complaints against them submitted to the BBB. The ONLY time they act is when they receive a number of complaints against a business – and then their only power is to forward the complaints on to a governmental agency.
4. Online feedback can be a powerful tool, but you MUST BE VERY CAREFUL when doing this. If you even get near the line on libel, which means you can’t prove that they did each and every thing you say, then they will sue you in about half a second. If you are going to post anything, then you do so when you are very calm and make the statement short, concise, and professional. When you rant and overly detail, people tend to think the poster is nuts, not the business, and they tend to feel sorry for the business.
Simple: you sue for the amount of your deposit. Some states do allow for double or triple damages, but this typically isn’t awarded unless you live in a VERY tenant-friendly state.
However, most states need you to send a demand letter first, certified. I’m not sure if your e-mails will cover your state’s requirements for attempting to resolve the issue outside of court.
All you can do is sue for the amount of your deposit. If your landlord can prove he attempted to refund your deposit and/or list of damages, you will not win. If your landlord has a very good reason for witholding your deposit, you may not win, especially if you live in a landlord-friendly state. It is no one’s choice but your own where to go from here; if you can prove you left the rental unit in the same condition as when you moved in, then go for it.