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Post by ctrlz on Sept 28, 2010 8:40:46 GMT -5
Send a registered letter, don't call.
A quick googling suggests that your landlord is able to keep your deposit if you do not make a written request for it back.
Small claims usually costs about $75 to file, but unfortunately if you don't have documentation, I don't think you can win there.
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Post by AnnieOkie on Sept 28, 2010 8:58:06 GMT -5
But... even if a messy person cleans up a place perfectly, most people are put off by hoarding behavior, and if the landlord presents his case in a certain way (especially if he has any photographs), he might be able to sway the decision in his favor. Just the sad facts. You hit the nail on the head, Betsy. He did see the place at almost its worst. He saw that I had gotten some of it cleaned up after, but I think the damage (at least in his opinion of me) was done. Lioness-Thanks for that link, I will read there. Ctrlz-I think you are right about the documentation....although I do have my before and after pics of certain areas....
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Post by AnnieOkie on Sept 28, 2010 9:04:31 GMT -5
Lioness-The site says that I should ask for my deposit back in writing. I am composing that letter now, although I did mention in my 30 day notice letter to "Please let me know if any of my deposit will be refunded." That site was very helpful.
ETA-I can't find their address, so I called and left another message to call me. I will call again and ask for his mailing address if he does not return this call.
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Post by Chris on Sept 28, 2010 9:07:20 GMT -5
The sad thing is I can almost bet that before "that woman" called you .... you were happy and going along good. I'd had that happen to me so many times. It may be why I dislike the telephone except when it's me picking it up to make a call. I have some individuals whom I simply don't choose to talk to on the phone because of just such similar scenerios. Oh Annie -- I hope you can put all that old place behind you. I bet it would be more upsetting that it is worth to try and fight for the deposit back. Your new life and home you won't want to contaminate it with the past ikkies any more than absolutely necessary so possibly you could let it go and say something to yourself like maybe "the experience was for good because I learned from it" ..... those kind of releasing affirmations tend to help us drop the resistance and negative even from powerful past hurts and shame and ikk. Good luck I know you're a wise and intelligent person and that gossip lady can't get you down. Oh one more thought = question your yourself = "what had I planned to do about the deposit issue BEFORE the mean lady called?" ... just a thought.
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Post by success19 on Sept 28, 2010 13:18:56 GMT -5
I don't think you have anything to be ashamed of.
I have lived in the same apartment for 25 years - my apartment manager acts like things should last forever and never wear out!
You are not responsible for gutters and roofs and the like.
I didn't take pics when I moved in 25 years ago - that was the old camera days really.
My apartment building is settling - the door is now at an angle, the base of the building is crumbling, the roof leaks, window frames leak and all - and they act like I am responsible too - it is insane.
No wonder people move so much - keeps the landlords from hassling us about stuff.
But you did nothing wrong.
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Post by def6 on Sept 28, 2010 14:33:51 GMT -5
I don't think the old neighbor is a true friend. I don't think she took up for you with the landlord knowing all of the areas that he had left in disrepair. The landlord didn't have to fix anything with you in there. He's just mad that now he has to get the place livable in order to rent it out again. You're supposed to get your deposit back, if the place has normal wear and tear.
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Post by def6 on Sept 28, 2010 14:49:33 GMT -5
Maybe he can be swayed Annie, you are an attractive ,very charming lady. Just ask him very nicely for the money back. Tell him that it would really help you out a lot to have it back.
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Post by AnnieOkie on Sept 28, 2010 15:03:02 GMT -5
Maybe he can be swayed Annie, you are an attractive ,very charming lady. Just ask him very nicely for the money back. Tell him that it would really help you out a lot to have it back. ;DI think I would throw up if I had to act charming to that man! Honestly. But thanks! Whatever I do will be done nicely....even hang up on him if he starts listing things, blah, blah, blah.
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Post by juniper2 on Sept 28, 2010 15:19:36 GMT -5
Hello Annie: Glad you're in a new place. My experience...before you move into a place it's always a good idea to: 1) Take pictures of any damage and document. Both inside and outside. 2) Make a list of the condition of things (excellent, good, fair, poor) age of carpet, etc. and have the landlord sign it and keep the original...if he refuses to sign it: 3) It will still stand in a court of law if you...note the day the landlord refused to sign it with a statement saying he refused, get it notarized with the I duly swear about the truth of the statement and then give a copy to the landlord. (He'll know you mean business and want to keep things on the up and up.) Sometimes at that point they will sign it. Since he will look poorly in the eyes of the judge if you took him to court.) If you've already moved in it's never too late to do a walkthrough with or without the landlord and have your typed sheet of each room, hallway, garage...listing the condition and damage in each. You can take a maximum of 3 weeks to one month to get this done but of course the sooner the better! I ALWAYS get my deposit back...sometimes they don't even charge me an extra day of rent when I don't leave on schedule. Or maybe they're glad to get rid of a tenant who will take them to court. Just saw this... WELL DONE...on moving and getting your stuff together...moving is always a major chore! and here's to keeping your new home squalor free. Gotta love those new starts in making one's home comfortable and clutter free!
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Post by StuffNoMore on Sept 28, 2010 16:36:41 GMT -5
Just 2 thoughts on this ..... 1 - You're better than him so hold your head high and don't let him interfere with your new life and feelings..... 2 - Don't let him live rent free in your head. SNM
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Post by AnnieOkie on Sept 28, 2010 16:38:16 GMT -5
Thanks, Juniper2 and SNM. Love the comment about him NOT living rent-free in my head.
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Post by messymimi on Sept 28, 2010 18:42:04 GMT -5
You are most certainly not responsible for weather related damage due to his neglecting to repair leaks.
Do not talk to this lady again. She may be reporting anything you say back to the landlord.
You will continue to be in my prayers.
messymimi
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Post by AnnieOkie on Sept 28, 2010 20:27:50 GMT -5
Thank you, Mimi! I appreciate the prayers.
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Post by vega on Sept 28, 2010 21:03:43 GMT -5
Just a quick note on wording, if I may... don't ask IF your deposit will be refunded, ask THAT it BE refunded. Also state that if it will not be refunded you want all pertinent documentation forwarded to you as to why. You say you don't have much documentation, but if you posted here about the issues you should be able to search the archives and get dates and even snippets of what you might have said to him (you may, for example have posted "talked to poophead this morning about the ceiling" or some such ). Should you decide to go to small claims court you can use those dates as documentation... "On July 17th of last year I called the landlord twice to request that the ceiling be fixed, as of August 8th he had not responded" That sort of thing is very impressive to judges and very scary to poophead landlords.
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Post by AnnieOkie on Sept 28, 2010 21:13:24 GMT -5
Thanks, Vega! Love that "poophead" term...
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