How do I get my security deposit back?

[barney_southin]

I moved out of a rent-regulated apartment at the end of October 2002. My landlord told me my security deposit check (for about $1000) would be in the post shortly. Then he told me it would take three months to get it to me. Now he's not returning my calls. How can I get my money back? I don't have much proof of the deposit - other than my covering letter and my bank statement showing the payment. Should I write him a letter (I suspect this would be a waste of time)? Or do I contact a lawyer or should I report my landlord's company to the city? Help!

[jot0n0]

Usually security deposits are returned within 30 days after lease expired. If your get no response after mailing LL written request by certified mail asking for return of security deposit or itemized list for damages to apt, a small claim civil suit would need to be file if you want your deposit back. As long as you have documentation showing you paid LL security deposit, the burden is on LL to show cause why security deposit was not returned.

[mjr203]

I had to go to small claims to get mine back.

You'll bring with you all the evidence you have of the apt being in good condition and that bank info. Certainly in the meanwhile, demand your $ back by certified, rr letter to the landlord -- you will be able to use this in court to show how negligent they have been in returning your money.

The claims courts are pretty good for tenants in this regard as long as you left the apartment in decent shape and the LL can't document having to do massive repairs.

Also note that they can only deduct for damage BEYOND wear and tear - so pinholes in the walls is not acceptable. The LL will have to document with receipts any repairs made on your $ too.

good luck.

[DMcDonough]

You could try filing a complaint at the office of the attorney general in your state, and ccing the landlord on it.

If you sue the LL in court, ask for interest on what is owed, too, if the situation was reversed and you owed the LL rent, the LL would go for interest, late fees and anything else it could take you for -- be sure you get not only your security but interest late fees, court costs, etc.
You paid your rent, you gave him back a rented space in good condition, you deserve your security imho. (I'm not a lawyer.)

[mjr203]

The $15 or whatever cost for small claims is automatically added to the judgement amount.

As far as interest goes, I definitely think you should propose it in any claim, but do be aware that the LL is "entitled" to 1% per year of the deposit as an "admin fee" and that 1% per year pretty much breaks even with savings acct interest for the last couple years.

-POINTER