Nothing returned from Landlord

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Texx

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I have gotten nothing from my former landlord about my deposit. They have a few rental units to my knowledge, but probably less than 10 if I had to guess.

I moved out of a rental at the end of Jan.. Did a walk through, no damage noted, nothing stated, and wrote down my forwarding address on the move out sheet.

Asked 2 1/2 weeks after our move out, when I would expect my deposit returned. Was told it would be within the week. I haven't heard anything back about my deposit, nor have I gotten anything in the mail.

I have the feeling I'm trying to be taken, and that they are going to try and work something up to keep as much as possible. We moved out early at their request, and aside from e-mails, I have nothing signed in my possession about that. They were fine with the early termination, and the e-mails state that a few times. I moved a few weeks early, and they moved in completely, before we could even do the walk through. Part of me thinks they will try and keep unpaid rent, or perhaps keep it all if I don't speak up about it.

What venue do I have to try and get my money back? Am I a dead-duck without having an addendum, and only e-mails if I went to small claims, or a L/T court?

The code section 44-7-34 is clear, but has me paranoid that I got conned.

I'm unclear on the LL's requirements if they have less than 10 units as well. Do they adhere to the same 30 day notice of the deposit and having it returned? How can they prove they sent it, or didn't send it? If they haven't returned it, they have nothing to stand on to retain ANY portion of the deposit, correct? It's been an entire month and 2 weeks since I moved out.

I'm prepared to go as far as I can to get my deposit back, but don't want to get caught in the middle where I'm wasting my time, and should just write it off as being taken advantage of, due to the wording of the law. I really don't want to go to court, as I'm clueless to the legal court system.

I'm thinking about sending a certified letter asking for my deposit back. At that point, if they don't return it, or return only a portion 6 week after the fact, what are my options? Can they do that?

Thank you very, very much for any help!
 
A landlord in Texas must provide information regarding the security deposit within 30 days of the tenant vacating the unit no matter how many rental units they own.

Start by writing what is known as a "demand" letter, requesting your security deposit within a specific time frame (say, 1 week after the landlord receives this letter).

If they do not reply, then your next step is to consider a lawsuit against the landlord/management.

Gail
 
I'm in Georgia..

I know they probably have less than 10 units, but they sometimes present themselves as an ,LLC and/or an individual. Not sure if that makes a diffference. I'd have to check my lease again.. Would that matter in court? If instead of an individual, they presented as an LLC, would that make them have to adhere to different code sections?

Aside from that, I guess my main question is. I haven't gotten anything, I'm assuming they are going to try to take some or all of my deposit at this point in the process.

Being over 30 days, and having gotten nothing, they have to return the entire deposit to me now, correct? Even if they have less than 10 units? I'm curious if they are still allowed to hold some for damages, unpaid rent, pet, cleaning, late fees, etc? Just curious what is and isn't allowed to be detained even this late in the game!

Any links to a good "demand" letter? I've searched around, and didn't know if I needed it to be from a lawyers office, or if I could do it myself.
 
Ooops; reading too early in the morning.

Yes, the 30 day requirement in Georgia involves even those landlords who have less than 10 units, have an LLC, etc. etc..

A demand letter is just that....something as simple as "I vacated the unit on .....(date) and have not received my security deposit as of.....(date). If I do not receive it by....(date) I will consider legal actions for such".

http://www.atlantalegalaid.org/deposit.htm

Gail
 
Thank you very much, Gail. Really appreciate the input.

So they are past their 30 days, whichever way they want to look at it.

If I send the demand letter, and I only get a portion back, are they allowed to do that? I'm unclear on if they are allowed to still try and withhold any monies, or make any claims after their 30 days is up. From the way I understand the wording, they can't claim anything. But section, 44-7-34 is somewhat vague to me. Seems they COULD make any claim after the 30 days, just not damages.

Whats the verdict on that? After 30 days, must return ALL of the deposit, no matter what took place. Or after 30 days, must return deposit, but can keep some for anything but damages?

Thanks again..
 
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Gail,

That was my question. The law doesn't really state it clearly for LL's who own less than 10 units. It states they have 30 days, like the rest of them, but doesn't clarify if the deposit must be returned whole, or if it's still within the ability to be chopped up for whatever reason. IE. Damage, unpaid rent, cleaning, other fee's...

I just want to know if when my demand letter is sent, and it's past the 30 days, if the LL still has the ability to keep a portion of my deposit, or if they must return ALL OF IT, within the time frame laid out in the letter.

I need to know at that point, that if I don't get my deposit in full, what recourse I have to get it back. I'm hoping court won't be the last answer, but I feel it might have to be if this letter fails to get the point across.
 
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If you do not get satisfaction from your demand letter (even if the landlord claims damages, owed rent) you can always file in Magistrate's Court (Georgia's version of Small Claims).

Lawsuits up to $15,000 are heard in this court and one does not need an attorney to represent them. It's fairly inexpensive to file.

Gail
 
Thanks again Gail!

I'm hoping something will resolve from the letter, but I feel it wont be satisfactory. I guess at that point, I need to figure out if it's worth taking to Magistrate Court. How quick and painless is the process?

So my understanding is, the timeframe for the LL is up. They must return it all to me, no matter what can be claimed by them?

Another question since my mind is running..

What if they claimed to have sent it, but it was never received? How can they go about proving that in court? I just find it odd that I haven't gotten a single peep about the whole thing, or even a letter/email/phone from them. If they sent it, you'd think they would inquire about it afterwards if they didn't hear back.
 
Look; you can ask all the "what ifs" that you want but quite honestly, you don't know what the landlord will claim in court. And, of course, we don't either.

Send the letter, then decide if you want to file a lawsuit. Filing is easy (at least in my county it is); you go down the Clerk of Court, ask for the appropriate paperwork, fill it out, pay the fees and give it back. Probably the worst thing is getting writers cramp from having to fill out the forms (sometimes several times if you're dealing with several people). In my county one needs to bring a stamped, letter sized envelope for each person who will be served as the court won't even furnish that.

Filing where I live is $69 (for one person). Bring cash.

Some counties allow you to do the filing online. And most will have the directions for filing online.

If you want to know what goes on in the court, find out when the hearings are being held. You can certainly sit in on these, even if you have no case going on that day.

Gail
 
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