Seeking Where to Go from Here

Updated on June 08, 2007
C.S. asks from Dallas, TX
10 answers

Hi my name is C. and my husband and I (with 2 kids) moved out of our apartment 2 months ago. The problem that we are having is that we have not gotten any of our deposit back. We have called at the office (of our previously location) and either the manager is getting ready to go out or something else. Two or three weeks ago it took my husband 3 days to hear back from her. She said then that she had to redo a sheet and that we would hear back from her no later then 5:30pm that night. WRONG!!! I am just wondering what else (if anything) I can do from here cause my husband wants to go up there on Saturday and rip someone a new YOU KNOW WHAT!! I need to know what we do BEFORE he goes and does that (he is not the kind of person that likes a run around). I really dont think they are all that busy (maybe they are) cause I have seen the leasers working on homework at the job---i really dont think that that is professionally--just my opinion. All responses would be GREAT!!!
THANK YOU

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A.F.

answers from Dallas on

You can go there in person. It's hard to say they are in a meeting when they are sitting right there in front of you :)

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A.T.

answers from Little Rock on

When we were in the same situation I finally asked for their corporate offices number since they were so "busy". It was amazing how fast we all of a sudden got our check back once we "threatend" to call someone who not only could rip them a new one but throw them their "new one" into the unemployment line if they so felt like lol.

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J.S.

answers from Dallas on

C.,

My husband and I went through a similar situation. Have you asked to speak with the manager of the property? I called 2 and 3 times and day, until I finally got to talk to some one that knew anything. If that doesn't work call her corp. office and talk to you manager for this region, that really seamed to help our issues. I'm sorry your having to go through this with 2 kiddos. I know it is hard, but stick your ground and don't give up. Be the thorn in their sides until you get what you want.

Good Luck,
J.

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M.

answers from Dallas on

C.,

I'm not sure, but you may want to call an attorney. I think that by law, apartments have no more than 30 to 60 days to return a deposit...you may want to research that more, but I think I remember that being the case when we moved out of our apartment and bought a house. Hope you work it out! You can always send a threatening letter...certified over night, threatening legal action to recoup the money plus attorney's fees, punitive damages, and interest on the money. In fact, if they keep it past a certain amount of time, they may have to pay you interest legally. I can't remember...I'd send a letter and then if no action, call an attorney. Good luck!

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A.D.

answers from Dallas on

be sure you review your lease so that your'e C. clear as to the terms of the return of your deposit.

when you have done that.... take your lease... and a business card to your attorney... and give them a copy of the lease and highlight what their obligations are... ... be sure you provide adequate documentation that you've met your obligations... and then suggest that you will not leave without your deposit... if they refuse then tell them to expect a complaint from your attorney. You need a specified reason, if they're claiming damages to the apartment which would nullify your deposit refund, I'm going to assume that you had to receive notice somehow..

just make sure you get YOUR ducks in a row before threatening legal action.

But do NOT give them the opportunity to dodge your call... go into their office in person, UNANNOUNCED and demand your money. Professional -- but direct.

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M.P.

answers from Dallas on

You could try to figure out who the managing company is and call them. Almost all apartment complexes are managed by another company - kind of like their corporate office.

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T.R.

answers from Dallas on

Find out who the management company is and call them. If you have problems finding the information email me. I work with management companies every day and I can get info for you.

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G.B.

answers from Dallas on

Hi C.!

Get a copy of your lease and where you signed it and look at the dates that they told you when you would receive your deposit back. Normally, it takes 30 to 60 days for them to return you deposit/refund, but look at your paperwork and see what it states. If the Apartment Office has not called you back, yes please go there and see if you can speak to someone. Most of the time, that usually doesn't work either, so find out who owns the Apartment Complex and call the owners.

I would also send them & the owners a certified letter w/a copy of the leasing agreement that you signed at the time of move-in and your time of release. Did you give the 30 day notice, did you clean the apartment, did you do everything you were suppose to do to get that deposit back? If so, then you need to make copies of all of that and send them a certified letter demanding your deposit back. Threaten them w/legal action if the letter is not received and the request not handled within a certain time frame. I would word the letter within 10 days. Did you leave a forwarding address when you moved, you should also have a copy of that w/it signed by you and given to the apartment complex as well.

Hopefully, you did get copies of all of these papers and still have them. They are your best tool for defense.

COPIES, COPIES AND MORE COPIES OF ANYTHING THAT YOU SIGN is the best way to go! I can't stress this enough to people, if you have a copy of what you signed and agreed to, folks can't argue w/prooff!

Good Luck!

Gladys

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S.

answers from Dallas on

Texas law provides that deposits (or at least a written accounting) must be provided to tenants within 30 days of the end of the lease. Of course, the tenant must have provided written notice of move-out with written forwarding address - landlord cannot be held liable when tenant failed to provide written notice with new address. When landlord fails to provide deposit accounting, tenant can sue landlord in small claims court, and landlord could have to pay the deposit refund as well as up to 3 times the deposit plus $500 as penalty if the judge finds that the failure to provide accounting was done in bad faith. Of course, that's a big hassle for you. So, mail, fax, or hand deliver a letter to the management office stating that your attorney has advised you to write and demand immediate return of your security deposit along with a deposit accounting, and state that if you have not received your deposit within 3 business days, your attorney has advised you to file suit for return of the deposit plus treble damages plus a $500 penalty for bad faith. If you can find out the contact info for corp. office, send a copy there, too (fax is good). If it's an individual owner instead of a corp., find out the owner (call the tax appraisal district or look online) and send a copy of the letter to the owner. I'm betting that will get their attention and your manager will suddenly find time to send your deposit out. Do an internet search for Texas Tenants Rights and you will find a wealth of assistance. If you need a lawyer, you can call the North Texas Legal Aid society for free help. Going down and ripping a new one for someone may feel really great, but will accomplish little other than get your H in deep you know what.

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L.G.

answers from Dallas on

I didn't read your other responses, so sorry if I am repeating someone else's reply. Sorry you're having to deal with people like this. This is their job and they should be WAY more professional than this. I used to work at an apartment community and we had 30 days to do their move-out paperwork and then send it to corporate to issue a refund check if they were owed one. It usually took them a couple of weeks to process and get it sent out. All together 6-8 weeks MAX. You should find out who their management company is and contact them. Hopefully they are more professional than their employees. I would also let them know how unprofessional they are in the apartment office and about doing homework while they should be working. The way I see it, there is ALWAYS something to do at your job, even if it's cleaning or something. Good luck and I hope this helps!

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