Offline
Wasn't sure if this belongs here or not but:
I rent.
I signed my first lease in August 2012. At that time, I paid a 725.00 security deposit.
I just signed my fifth lease. I have continuously occupied this house since the first lease.
I found a law that states the management company was required to put my deposit in a numbered account in my name at the end of the first lease if I did not intend to vacate.
The law also states they are required to pay interest on the deposit beginning the twenty-fourth month of continuous occupancy.
To my knowledge, neither of the above things have happened.
My mother was wise enough to realize that I can't handle things like this on my own so they left a lump sum payment in their will to have their family attorney provide me with advice and assistance with any legal issues.
Unfortunately, the family attorney is either suing the comany himself or is representing someone who is so he can't get involved in any way.
So I'm adrift.
But I have to Take Steps. I can't just let this go.
So I'm considering the following Steps:
1. Request for the account information in writing with bank name, account number, and record of interest paid.
-What should I ask for specifically?
-Should I include the legal citation?
-How do I determine how much interest they owe and should I include that also?
-How much time should I give them to comply?
-Should I have it notarized?
-Deliver by mail or by hand? Should I get written verification they received it? How do I verify I sent it if it goes by mail? If I leave it with their reception, what verification should I ask for to show they received it?
2. When they fail to comply, file a complaint in renter's court. I think I can look up the how part of this but:
-Is there another Step I can Take before this Step to apply pressure to the company?
-Is another Step *required* before this Step.
-What should the complaint say?
-Can I include the filing fee in the complaint?
--Do I have to deliver the summons, or hire a process server?
And, finally, what Steps have I completely overlooked?
Any assistance would be greatly appreciated.
Offline
I don't know all of the legal ins and outs, but before you get into all of that, perhaps you should just ask them if they are aware of the interest payment you are owed?
With interest rates around 1% for the past 5 years, you would be getting somewhere between $7.50-8.00 annually.
If you engaged a lawyer, or spent money on certified mail, making copies of documents, etc., you would quickly lose more money than you are owed. And that doesn't include the value of your time, which is much more than any of those other expenses.
So if I were you, I'd want to make sure that your security deposit is safe and that you would still be eligible to receive it once you left the house (per the terms of your original agreement). And just ask them for the interest payment per the law you found. My guess is that the landlord will comply.
Offline
Lager is offering some sound advice there.
You could, in the blink of an eye, spend more on this than your interest is worth.
You could file a complaint in renters' court. However, since you are still living on the property, the landlord has the right to hang on to your security deposit. Until the day comes that you leave, and you don't get the deposit or interest in hand, you really haven't suffered any legal harm.
Me, I would request, either with a call or in writing proof that your security deposit is in a bank account, and I would "remind" them that the interest on that money needs to accrue in your name.
Offline
The filing and attorneys fees exceed the piddling amount of interest owed.
And the landlord is aware of the math.
Offline
Tarnation wrote:
The filing and attorneys fees exceed the piddling amount of interest owed.
And the landlord is aware of the math.
You got that right.
I haven't rented since I was a grad student in the 1980s.
I remember when I left the landlord keeping more of my security deposit for "Damage" that was already there when I moved in.
But, it was a small enough sum that a busy grad student wasn't going to do much about it.
And the landlord knew it.
Live and learn.
Offline
The management company changed hands in the past year.
They began by presenting me with quarterly water bills--three months in a row.
Then the shower debacle. I had to call them back six separate times after they did the job to--fix their own work.
They kept saying on the phone they would come by but that never happened.
I had to bombard them with work orders just to get them to do their jobs. Then they had the colossal gall to charge me for the last two visits...to fix their own work
The list goes on
I'm aware of the expense exceeding the payout but I'm fairly certain if I don't hit back I can just expect more of the same .
Offline
I hear you, I sympathize, but, realistically, it is a gamble; and, as with a casino "the house always wins".
In this instance it is "the house owner always wins".
I don't agree with this stacked deck.