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Landlord has not returned my deposit and will not return my calls

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anj89

Junior Member
What is the name of your state (only U.S. law)? Alaska

I'm a travel nurse and found housing in the area I'd be working before actually flying out here. I sent a $500 deposit via Western Union to the manager of the hostel I'd be staying at (that should have been my first red flag...). When I arrived, I was less than impressed with the accomodations but figured I could deal with it for 3 months so I paid my first month's rent of $650 to her personally because that was the only way she accepted payment and went to bed since it was 11:30 pm when I arrived. The room was cold and damp (I actually soaked up liquid in my socks just walking around the room) and smelled as though something was growing in there. The next day, I came to find out that the shared bathroom for the tenants was also shared with her dogs. There was more often than not an incontinence pad with poop and pee on it practically in the middle of the floor in the bathroom which the dogs missed quite often and peed straight on the floor. Also, I had no phone service and no internet access, which she had led me to believe I would have. Being in a long distance relationship, that was not going to work so I told her the next day that I would be finding a different place in town to live. I ended up staying one week and moved out. I realize this was not giving 30 days notice but, after speaking with her, we agreed that I would end up paying the daily fee of $50 a day. At this time, she returned $300 cash to me and wrote me a receipt stating that she would return my $500 deposit within 14 days. Two days before the 14 days was up, I spoke with her and confirmed that she would return my money on the 14th day. She never contacted me and has been avoiding me/not returning any of my phone calls. It is now 8 days past the day she said she would pay me by. Also, in regards to the rental agreement that I signed (which was one page long, stating what rent was every 30 days and a few bullet points with rules of the house), when negotiating what she would return to me, I mentioned the rental agreement at some point and she pulled it out to show it to me and I saw that she had altered it. I didn't originally get a copy of the rental agreement, but grabbed a picture of it from the desk where I had signed it in the first place the day after I moved in, although she was unaware of this. When I called her out for changing it and let her know I had a picture of the original, she ran for her wallet. The new, altered rental agreement stated rent was $650 every 30 days or $50 a day though so, if we went off that, I didn't breach any contract. Nonetheless, by her writing me a receipt stating that she would return my deposit within 14 days, doesn't that "contract" make the previous one void? Also, when coming to the new agreement, I recorded that conversation and have her on record stating how much she would pay me back.

So my main questions are, am I allowed to use that recording in court if it got to that point since she was unaware of me recording our conversation? What kind of trouble can she get in for altering a rental agreement? I saw something in the landlord tenant laws that made it sound like I may be entitled to double what she owes me since she has past the 14 days to return my deposit since I caused no damages, is this true? Also, there was something about not being able to mix a security deposit with other funds and she does not have my money because she already spent it. I did call the owner of the establishment and she offered no assistance either. All she said was "she's in a really tough spot right now and probably used that money to pay for the gas and electric bill." Does that give her a right to use my money for that? I'm not here for much longer so I don't know if taking her to small claims court is feasible without an expensive return trip, would it be worth it to try and take her to court? More for the principle than anything; I hate thinking she'll get away with stealing from me. Any and all advice is appreciated, thanks!
 
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Gail in Georgia

Senior Member
"More for the principle than anything"

Keeping in mind that 1. the court will not reimburse you for travel costs and 2. even winning a judgment is, sadly, no guarantee you'll ever see a penny of this money you have to decide if all of this is worth it.

Again, even if you win your judgment the court will do nothing to actually help you collect it. It would be up to you to do this. Sometimes all the satisfaction one can get is that such a judgment ends up on the losers credit history.

Gail
 

adjusterjack

Senior Member
am I allowed to use that recording in court if it got to that point since she was unaware of me recording our conversation?
Yes. Alaska is a one party consent state, so your recording is legal.

What kind of trouble can she get in for altering a rental agreement?
Absolutely none, if you don't sue her.

If you sue her, she could lose the case for doing that.

I saw something in the landlord tenant laws that made it sound like I may be entitled to double what she owes me since she has past the 14 days to return my deposit since I caused no damages, is this true? Also, there was something about not being able to mix a security deposit with other funds and she does not have my money because she already spent it.
If you haven't read the actual statute (not just a guide) read the security deposit law now:

http://law.justia.com/codes/alaska/2015/title-34/chapter-34.03/article-03/section-34.03.070/

I did call the owner of the establishment and she offered no assistance either. All she said was "she's in a really tough spot right now and probably used that money to pay for the gas and electric bill." Does that give her a right to use my money for that?
No.

I'm not here for much longer so I don't know if taking her to small claims court is feasible without an expensive return trip, would it be worth it to try and take her to court? More for the principle than anything; I hate thinking she'll get away with stealing from me.
Only you can answer the question of whether it's worth incurring travel costs (that you don't get back) just for a principle.

But here's another principle. It's called accepting the consequences of your own mistake of sending $500 for a place you've never seen and then paying a month's rent for a place you weren't impressed with.

You kind of brought this problem upon yourself and I'm guessing these losers rely on people like you to support their behavior.
 

anj89

Junior Member
Thank you both for your responses. This place was recommended to me by my travel agency so, I put more trust in the setup than I normally would in any other situation, which is why I sent the money before seeing it, etc. Unfortunately, this may end up as just a "good" learning experience for me. I'll be wiser in the future.
 

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