Since you guys have always been my bastion of knowledge, I pose to you this question. Who's responsibility is it to make sure I get my deposit back? As in should I just expect a check in the mail or do I really have to go face to face with the second incarnation of satan in the form of an Irish woman? I imagine there's no real protocal, but if she's legally binded and I can get away with not having to grow a pair of testicles...

If it's a chain like Post, Gables, Amli, etc then call the corporate HQ and have their accounting department take care of it for you. They're the ones that'll do it anyway.

You have to go up to her and tell her to give it back, if she still doesn't and you think you are entitled to it you haul her ass into small claims court.

If you suspect it'll end up in court(actually, even if you don't you should always CYA with stuff like this) make sure to have documentation of as much as possible(pictures of it when you came in and pictures of when you left to show it was in good condition, or a videotape of it would even be better).

Having spent 8 years in college I can tell you this... if she doesn't want to give it back you'll never get it back. Unless you have photographic evidence of the condition of the apartment before you moved in... and even then there are ways for her to screw you. For one thing, there will be some removed for carpet cleaning, and she can claim that the apartment wasn't left clean enough for someone to move into and she needed to do X hours of cleaning to get it ready, and charge you hourly. They can probably get you for painting and hidden previous damage such as stains under the sink.

I had a landlady in my third year of undergrad who kept our 1200 dollar damage deposit to replace a floor she said we ruined with a leaky sink... sink never leaked while we were there and we didnt note the sagging floor and water damage underneath the sink and on the floor when we moved in. The thing is she probably got the previous tenants for the same thing, and the next tenants had already moved in immediately after us so I'm sure it wasn't going to be fixed. In fact she gave them a key and they started moving in 2 days before we were supposed to be out. Yeah it was a shithole, but there just aren't that many 7 bedroom houses available.

You hopefully had a before move-in inspection, and a post move -out inspection. With paperwork stating what was fucked up before/and after you were there. Satan should deduct the proper amount to fix anything you screwed up (including usually carpet cleaning and painting) and return the rest to you. But ya you probably have to actually make contact with her and ask her for it. Or just send a certified letter.


Rigin

Like it's already been said. If she doesn't want to give it back, you'l never see it." Those pre-move in inspections do nothing. Surely there is a little scuff ona wall that you did. Thats enough right there. I lived in alot of apartments in my time. I never wen tinto it expecting a refund of my deposit. Consider it a move in fee. That was you wont be pissed when you don';t see it again.

Most people are content to walk away, and many times hiring legal aid costs more than just eating the deposit.

However, there are some things you can do for yourself if you don't mind going to court.

If the carpet is 7 years old, rental law in many areas states that the "life expectancy" (forgot the actual term) of carpet is up- after which it loses all value and has to be replaced for free.

Paint also has a useful life expectancy- wear and tear is a fact of day to day life.

If repairs are called for, request receipts for all repairs made, for court. If no receipt can be produced, don't pay.

Depends how much you want to fight, really. Me, I *love* fighting. Just make sure you know your stuff, have documentation/pictures and (if needed) pay a lawyer if the deposit was substantial.

I've gotten most of my deposits back (or at least a good chunk of them).

edit: It might take a year or two of litigation, but you can get it back. Useful if you have more time than money.

Thanks for the heads up. I doubt it'll come to court or anything like that. If she tells me to fuck off, I'll go fuck off. Seeing as how it's my first time moving out of a place, was just unsure of if I had to contact her after dropping off her keys. Guess I'll have to just suck it up, grow some balls and write a note and stick it in her mailbox at 2 AM or have my dad impersonate me and call.

*manly spit, chest thump*

many times hiring legal aid costs

You don't get to take counsel with you into small claims court.

You represent yourself, they represent themselves.

In any case, you sound absolutely petrified of this woman..what does she do, eat babies?

She isn't going to do anything to you, physically, maybe yell at you or something.

She probably does. 8/ I should probably see a shrink though. It doesn't help that women with any kind of authority over me terrify me.

Guess I'll have to just suck it up, grow some balls and write a note and stick it in her mailbox at 2 AM or have my dad impersonate me and call.
Um, maybe it's just me, but I don't think that counts as growing balls.. Unless by growing balls, you mean those little, blue nerf ones.

You don't get to take counsel with you into small claims court.

You represent yourself, they represent themselves.True in some areas, not others. Which is why I said "hiring legal aid" and not "getting a lawyer to represent you". Still, you CAN have a lawyer represent you in NY- you never even have to show up.

Laws vary from state to state. This is the best reason to get legal aid with your case (if it comes to that). What is "small claims" in one area might warrant litigation outside of small claims court in another- and the upper limit of "small clams" might vary by thousands of dollars. Hell, what is small claims in NY varys depending on where you live in the state (the upper limit is 3000 in most areas, 5000 if you are in New York City).

Even so, if your state does not allow a lawyer to be present in court, someone might still want to hire an attorney to get advice on the laws in their area, right? Would you just walk in cold? Would you try to research the laws yourself (a process that would intimidate many people)?

links:
http://www.consumer.state.ny.us/clahm/Clahm-Small_Claims_Court.htm
http://www.courts.state.ny.us/courts/nyc/smallclaims/procedural.shtml
http://law.freeadvice.com/resources/smallclaimscourts.htm

It usually takes a while to get your deposit back but in most cases you should recieve it back. The only time I did not get the deposit back was on the first house I rented with some friends. We took up residence in a lake home for 3 solid years and after many summers worth of parties and what not we pretty much destroyed the place. I was actually glad in the end we didn't end up owing money. Guess it paid to invite him to the partys lol.

So glad I dont rent anymore.

I have had several rental properties over the last 7 years and the way they screw me is usually when they are going to move out they just don't pay the rent the last month ... and its not enough money to take someone to court over imo. So speaking from the other side of the coin that is a way to get out of it. Sure isn't ethical but that is what I have experienced.

Now if you leave enough documented damage I would spend the time and money to involve the legal system.....


edit: by money I mean my time and even tho I dont have a lawyer present I still call and run the situation by him.... those bastards charge by the 15 min conversation on the phone....

I'm currently in a similar situation and have a lawyer handling it for me. In PA they have 30 days to either hand it over or submit a detailed bill of charges. If they do not they must pay double your deposit. I haggled with them for 2 months b/c they said oh we didn't even know you left....luckily I sent my notice 2 months in advance and certified mail.

So I got a lawyer since the amount of $$$ is substantial enough to pay a couple hundred for him to get it back for me. We have tried letters they refuse to sign for them so in the next day or so I will be filing with the District Justice.

Unfortunately, I did not take pictures though, I really should have. The other part of the law says if I sue them then they can sue me for damages which of course they have to prove were caused by me. What a bunch of assholes for keeping my $$$, I figure they probably do this to allot of people and most people don't care to take the time to get it back or don't know the law. I personally want my $$$ x2.

I have never had an issue with a landlord before, this was the first time. It sucks! I moved out in March so this has been going on for 4 months.

It doesn't help that women with any kind of authority over me terrify me.
I thought those kind of women made you horny?

Sorry Zhen, as stated earlier you'll usually never see yer deposit if the Landlord lacks scrupples.

Only real defense is to not pay the last month rent. /chuckle

Fandros

You could always make her an offer she can't refuse.

You could always make her an offer she can't refuse.
Or you could ride thru her yard and spin your tires..... I know that pisses me off :mad:

Only real defense is to not pay the last month rent. /chuckle

/boggle

You mean where you live they don't require first and last month's rent plus deposit when you move in?

I've never had to pay first and last for move in.

Weird, it's a pretty standard thing here.

You know I only have eyes for you Moro...you and that sweet juicy ass of yours....it's like the land of milk and honey...mmmm....

In my community it seems common for them to rush in with a steam cleaning company "we gotta clean the curtains!!!," Then they will rip the carpet "It was stained so bad that it has to be replaced!!!" Then they will start with the hardware "The faucet in the shitter had to be replaced!!!" then its the pinholes in the walls "We had to repair the walls from all the holes you put in them!!!"

Hell, after the steam cleaners come and the carpet is ripped, there goes your deposit. If you let them, they will actually try to charge you after you move.

Fyi...

Not sure where you live, but large cities have rules about this stuff. It should be documented in your rental agreement if you have a copy. Otherwise, look around some some agency that handles this type of thing for your city. LIke someone said earlier, they usually have X days to either return the deposit or provide documentation as to why they aren't gonna return it.

The thing to do in that case is to insist that a move out walk through of the apartment be done in your presence and signed off on by management at that time. They usually try to obscure that option so people won't choose it, but I'm pretty sure they have to offer it in most states.

well getting my deposit back is a lost cause. there are multiple cigarette burns in the floor and my jackass, koolaid freak, roomate loved to use the floor for a table and well, the tan carpet is now pink. so in this case, when the time comes for me to move out, I'll have to keep tabs on my old roomate in case we are charged for the ruined carpet. Have to take it up with him and it may involve some minor choking, but nothing major.

Update on my situation.

After compiling all my info, my lawyer drafted my civil claim, now I just sign and send in my file fee and wait for a court date. It turns out that my former landlord is being sued by several previous tenants for the same thing. Their excuse.....we had a management change and lost everyone's paperwork. Oh and I suppose after your mgt change you lost all the written requests for my $$$ or a statement of charges? Jerks!!!

Oh well, I want my deposit x2 (thank you PA) but I will take a judgement too... :)