Security Deposit

[07240905]

I rented an apartment for eight months, a fire occured by another tenant leaving my apartment with total fire damage and lost. I've called the office manager twice about my security deposit paid when I signed the lease. Office manager states the insurance company have to go thru a process before they can refund any money back to any of the tenants. How is this? My security deposit has nothing to do with that fire.

 

[Proserpina]

The insurance company is trying to determine the cause of the fire and whether or not the landlord is responsible.

They need to do their homework too.

 

[army judge]

I rented an apartment for eight months, a fire occured by another tenant leaving my apartment with total fire damage and lost. I've called the office manager twice about my security deposit paid when I signed the lease. Office manager states the insurance company have to go thru a process before they can refund any money back to any of the tenants. How is this? My security deposit has nothing to do with that fire.

First of all, read and know your lease.
Second, educate yourself on Alabama (in your case) tenant/landlord laws.
Third, always put it in writing, avoid emails, phone calls, etc... and get proof of delivery!
Fourth, your instincts are correct.
This has nothing to do with the insurance company.
But, you may have allowed your easy remedies to lapse.


Here is a general guide to tenant's rights in Alabama:

http://www.limestonesheriff.com/FAQ/rent handbook.pdf

Google your county and see if your county sheriff or county court system publishes one specific to the county where you resided.

I believe these provisions affect you in your current predicament:

In case of a fire or natural disaster:

► If a fire or other event not caused by you damages
your place but you can still live there, the landlord has
to lower your rent in proportion to the amount of
damage. Talk to your landlord and come to an
agreement on the reduced rent.

► If a disaster that's not your fault destroys your place
or makes it unlivable, you can move out. Within 14
days, tell the landlord in writing that you are
terminating (ending) the lease and want your security
deposit refunded. The landlord will have to refund
your full security deposit, and you won't have to pay
any more rent on the place.

► If you cause a fire that damages or destroys your
place, the landlord can hold you responsible for the
cost of the damage.


If it isn't in writing, signed, with PROOF of delivery; it never happened.
So, don't telephone, text, or email: PUT it in writing, send it via US Mail (return receipt requested), FedEx, or UPS overnight dleivery - get proof of delivery!

 

[army judge]

Always seek to educate yourself.

Unless you're paying a lawyer, do your homework.


Additional reference sources:

http://securitydepositrefund.org/alabama-renters-rights-law.html

http://www.thelpa.com/lpa/forum-thread/276337/Security-deposit-letter-sent-a-day-late.html

http://www.landlordology.com/alabama-landlord-tenant-laws/

http://landlords.about.com/od/LegalIssues/a/Alabama-Security-Deposit-Law.htm