Grrr...sooo frustrated...is it worth it?
So, a little background...
I moved out of my previous apartment on August 2. I expected them to take the two days rent out of my security deposit, whatever. Some time passes, I call the main office, "Sorry it's taking so long...blahblah." I forget about it, even though I'm looking at almost $800 back for deposits.
Anyway, 3 months go by and I'm beyond frustrated. I call the office again, with new information in hand. Indiana state law requires landlords to provide previous tenants with itemized deductions within 45 days of receiving their forwarding address. I provided mine well before I moved out, but I counted the 45 days from the time I moved out. I explained my newfound information to the leasing manager and she informed me I would receive my entire deposit back, since it was past the 45 days.
Brandon got his deposit check at the end of November. He didn't move out until OCTOBER! So I call, because I'm beyond furious at this point. Oh, but the woman is out, and she'll call me back. Yeah, no call. I called last week, again, and finally spoke with her. She let me know that she's sending the check out. I finally get it today.
Guess what? They took out deductions...granted, it's only $38, but it's the principle of the matter.
So is it worth fighting for? I was told I wouldn't receive any deductions, they are WELL beyond state law allowances, and even if the deductions were for unpaid rent, they cannot claim that unless they are within the bounds of the law (which they are not).
For those interested in the exact wording of the law
Return of deposits; deductions; liability
Sec. 12. (a) Upon termination of a rental agreement, a landlord shall return to the tenant the security deposit minus any amount applied to
(1) the payment of accrued rent;
(2) the amount of damages that the landlord has suffered or willreasonably suffer by reason of the tenant's noncompliance withlaw or the rental agreement; and
(3) unpaid utility or sewer charges that the tenant is obligatedto pay under the rental agreement;
all as itemized by the landlord with the amount due in a writtennotice that is delivered to the tenant not more than forty-five (45)days after termination of the rental agreement and delivery ofpossession. The landlord is not liable under this chapter until thetenant supplies the landlord in writing with a mailing address towhich to deliver the notice and amount prescribed by this subsection.Unless otherwise agreed, a tenant is not entitled to apply a securitydeposit to rent.
(b) If a landlord fails to comply with subsection (a), a tenant mayrecover all of the security deposit due the tenant and reasonableattorney's fees.[/quote2be0f73329]
Why oh why do I have to have an obsession with things being "right"???
I own a few rental properties and if they have a good excuse for needing to move out (marriage is one of the best) I cut them a check the day they move out as long as they gave me a 30 day notice.
Anyway, yeah that is frustrating, maybe you should just write them a letter and just tell them you're not happy with what they gave you.
Yeah although it sucks, I don't think $40 is something to go through so much trouble over...
Fight it to the death. Seriously.
Take them to court over it if they don't settle soon.
Maybe if you speak to the woman that told you you would get the entire deposit back because it was past 45 days. And have a copy of IC 32-31-3-12 to hand to her.
I agree, it is not about the $38. You time is worth more than that. But that was wrong of her to A) take forever to send you the check and B) make a false promise.
If it is honestly too much time to go back there, do this Mail the a office a Thank-You letter for the time you spent there. Mention about three things you loved about living there. Then in the last sentence, say how you did not like though how you were promised the entire security deposit because it was past 45 days and they still charged you. Then write But thanks for everything else.
Maybe they will give it to you shrug
personally...I wouldn't bother for 38 bucks
ur a chick, thats why u gotta be right.
[quote81e0e4510f="kdollar"]ur a chick, thats why u gotta be right.[/quote81e0e4510f]
Pfft. I'm a boy and I always want to be right.
And no, it isn't because of the preference thing.
[quoteae3a410293="kdollar"]ur a chick, thats why u gotta be right.[/quoteae3a410293]
[quote97416a256a="hairyferry"]I own a few rental properties and if they have a good excuse for needing to move out (marriage is one of the best) I cut them a check the day they move out as long as they gave me a 30 day notice.
Anyway, yeah that is frustrating, maybe you should just write them a letter and just tell them you're not happy with what they gave you.[/quote97416a256a]
Actually, it was the end of my lease, so I wasn't breaking the lease or contract.
And the leasing manager didn't cut the check...the property is owned by a larger company (Biggs, Inc.) and that is who cut the check.
And maybe I have to be right because I'm a chick, or maybe it's just because the situation is BS and I should have gotten the deposit back in September at the latest.
Yeah that's a rough situation. My landlord was really good with communication and getting things done so I got my deposit back really quick, no problems. I'd at least let them know that they shouldn't have taken those deductions from the check and ask them to pay you the rest of the money.