cssmall
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Thu Jan-05-06 02:16 PM
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Hey, DUers, I have a question about something important. |
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When we moved into our old property, we leased a place for a year and then went month-to-month. We paid a 500 dollar deposit, three hundred for the apartment and two hundred for a pet deposit. We moved at the end of October and the manager told me his daughter, the landlord, would have to either have a statement of how said deposit was used and a refund check if any of it was not used.
At first, I was told that we should be able to get the majority of the deposit back (which would help immensely). I waited until the first of December with the Thanksgiving holiday. At that point, I received no correspondence and contacted the manager, who was dumbfounded as to why I had not received a notice and/or check. I waited another week and called back to the landlord three times and left a message three times, to which she never responded. Then, I called the manager again and asked about it. He now stated that he didn't know if we were going to be getting a deposit back. Today, I found out through a friend that still lives in their apartments that the company was refinancing the properties.
They had our old place rented out within two weeks. We busted our ass on it to make sure it was in the same condition as we received it, albeit with the normal wear and tear of a family of four. Under Arkansas statues, they have thirty days to notify us through a statement of the deposit's use, it has now been 74 days without any knowledge of how our money was used and if we receive any back. My question is here: what would you do?
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GOPisEvil
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Thu Jan-05-06 02:18 PM
Response to Original message |
1. See if there is a landlord/tennant mediation service in the area. |
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I'd contact them to see what your relief could be.
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cssmall
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Thu Jan-05-06 02:18 PM
Response to Reply #1 |
2. How would I find out about that? |
Christa
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Thu Jan-05-06 02:23 PM
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6. Call a local real estate company. nt. |
GOPisEvil
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Thu Jan-05-06 02:23 PM
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7. I'm guessing you'd have to google or phone book it. |
GOPisEvil
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Thu Jan-05-06 02:26 PM
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9. Try the local Better Business Bureau. |
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Sometimes they resolve these issues.
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KitchenWitch
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Thu Jan-05-06 02:20 PM
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3. Does Arkansas have a Tenant's Union |
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If so, speak to them, and they may be able to help you with your next step.
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cssmall
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Thu Jan-05-06 02:21 PM
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4. Again, how would I find that? |
jane_pippin
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Thu Jan-05-06 02:21 PM
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5. Take them to court. Or at least tell them that that's your intention |
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Edited on Thu Jan-05-06 02:26 PM by jane_pippin
if it isn't resolved to your satisfaction in 7 days. You're within your right to do it.
I used to work for a small rental agency and for a while we had a total incompetent at the helm who wouldn't let us issue deposits back without getting his OK, but he'd take FOREVER to give us the ok so we often went over 30 days and had complaints coming in all the time. A tenant used this seven days or I sue your ass tactic and she got her deposit back in a flash.
Best of luck to you--sounds like a needlessly complicated situation.
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cssmall
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Thu Jan-05-06 02:25 PM
Response to Reply #5 |
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I am going to try that after I call the tenat's union.
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jane_pippin
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Thu Jan-05-06 02:27 PM
Response to Reply #8 |
10. Yeah calling them is a good idea too so that way you know |
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beyond a shadow of a doubt what your rights are and what steps you can take just in case the landlord/management company tries to sweet talk you.
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Loonman
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Thu Jan-05-06 02:28 PM
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11. Find out Tenant's laws in your area from the Attorney General |
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Edited on Thu Jan-05-06 02:29 PM by Loonman
Massachusetts has a law that deposits on apartments, security and otherwise, must be placed in an interest-earning escrow account, to be paid back, with interest, within 30 days of your departure. Failure to do so will result in the landlord having to go to housing court, which is a grueling experience, I understand.
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cssmall
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Thu Jan-05-06 02:30 PM
Response to Reply #11 |
12. Who would I call for that? |
Lavender Brown
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Thu Jan-05-06 02:35 PM
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13. maybe this will help? |
Loonman
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Thu Jan-05-06 02:37 PM
Response to Reply #13 |
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If you do have any laws for tenants, the Arkansas AG would know. If not, you should petition him/her.
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radwriter0555
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Thu Jan-05-06 02:43 PM
Response to Original message |
15. First in writing, politely demand your full monies to be returned or |
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a statement of the accounting for what is being deducted, within 30 days.
If they don't respond or if you feel their refund isn't justified, take them to small claims court.
it's not difficult, you're entitled your money back.
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cssmall
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Thu Jan-05-06 02:51 PM
Response to Original message |
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Edited on Thu Jan-05-06 02:52 PM by cssmall
I just got off the phone with her. She stated that we are not received a deposit back due to having to repaint the walls, clean the concrete kitchen flooring, and work on the carpet that I owe her money and that I do not withdraw my complaint she will attempt to collect against me.
If the landlord deducts from your security deposit an amount to cover damages or unpaid rent, he must give you a written, itemized list of the charges withheld within 30 days of the time you vacate.
I cited that statute and she didn't seem to even fucking care.
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