B
bevthestar
Guest
My boyfriend & I signed a 6-month lease for an apartment. Before the lease was up, we tried repeatedly to contact our landlord by phone to renew the lease. He never called us back, and we stayed as tenants-at-will. The lease ended in December. Rent for the next month was due at the end of every month. On May 4th, because we had tried for several weeks to contact the landlord by phone to give notice, and because he neglected to return our calls, I sent written notice that we would be moved out by June 4th (would have left earlier but wanted to contact him personally first). My letter explained that we paid full rent for May, and would pay pro-rated rent for the first 4 days in June. I requested that he contact us to set up a time for him to inspect the apartment, collect the key and to make arrangments to have the deposit returned. A week later I sent the prorated amount for the days in June, as promised. The landlord never responded. June 4th came, we were moved out, still no word from the landlord and no returned calls. I wrote him another letter June 6th and tried to send him the apartment key by certified mail. He never picked it up, so it came back to me. Finally, in the second half of July, I caught him at home one night when I called. I informed him that I still had not received my deposit back, nor had I received a letter as to why (I live in Maine, by the way). I told him because it had not been returned by the required time limit (30 days for those w/a lease, 21 for tenants-at-will) that he had surrendered his rights to keeping any of it, and if he did not return it I would file a small claims case against him. He said he wanted to consult his lawyer, and I encouraged him to do so. July 21st I sent a form that stated he had a set amount of time to return the deposit, and that a case would be filed against him if it was not repaid in full. I sent it certified mail. On July 24th, I received a note from him and a check; the check was dated back to a day at the end of June, w/in the 30-day limit but not the 21-day limit--it was postmarked July 21. He had taken many bogus deductions (including having the locks replaced!) from the deposit, even though state law says that if he doesn't return it w/in the required time period, he can't keep any of it. I called him again, and miraculously reached him again. I reminded him that because of state law he had given up the right to keep any of it. He was uncooperative and had not consulted his lawyer...although I spoke to him in a calm and mature manner, he hung up on me. I sent the statement of claim certified mail, restricted delivery, return receipt requested. It came back to me after a few weeks. I had him served by a sheriff & am taking him to small claims court for 2 times the amount of the deposit that was not returned, plus 100.00 for electricity (he had not told us that electric loads other than those in our apartment ran off our meter--the hallway light being one we knew for sure ran off the meter), plus costs...with a request that if the check for the portion of deposit he paid back is bad, to be doubly reimbursed for that as well. I have not cashed the check, but have held it because someone advised me to. I cannot get his full legal name, I have his first initial and the rest of his name--he would not tell me what the initial stands for, & what I have is the name that appears on the check he sent; will that be a problem? Am I doing the right thing? I don't know about legal stuff and I'm intimidated by the idea of going to court; but I am determined to follow this through. Please advise; your help will be greatly appreciated. Sorry for being so wordy. Thank you!