Deposit not returned.... missing landlord continued.

[curious_george]

I could not see the posting on the previous thread so I thought I would start a new thread.
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Thank you for your reply.
The LEASE states 15 days (is that the same as the law?) In any case, can I sue the landlord for unlawfully withholding my deposit? It has been 15 months since he should have returned the deposit. Can I claim interest? The lease states:

"Landlord shall have 15 days to return security deposit together with interest if otherwise required"

How do I calculate the interest? Should I maybe send the landlord another letter stating my intent to go to small claims or threaten to sue and see if he will refund to save hassles of going to small claims? I would like to sue to get some money for the withholding of my money and for his humiliating notification letter full of false accusations (that we can prove are false (visual and written proof))... do you think I could win as this case is a simple breach of contract and how much could I sue him for? Will he question why I never brought up the breach of contract in previous attempts of contact(I was more concerned with proving his accusations to be false, and only later looked at the lease in detail)? Although, that would imply he DID receive my letters/faxes and simply did not bother to respond. I would appreciate any advice as to whether I should:

1.simply threaten to go to small claims and request he mail me the deposit, (no hassles, but less money)
2.sue, if my chances are good on winning (additional hassles but perhaps more money).
3.go to small claims (additional hassles again. Any money besides refund of deposit?).

Thank you very much for your advice. I really did not know where else to turn.

[This message has been edited by curious_george (edited October 05, 2000).]

[This message has been edited by curious_george (edited October 05, 2000).]

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by curious_george:
I could not see the posting on the previous thread so I thought I would start a new thread.<HR></BLOCKQUOTE>

Here is where to turn. Look to the right of the screen at the blue column and click on State Resources, then State Statutes. Go to the State of California and seach the Civil Codes, Landlord Tenant security deposit.

 

[curious_george]

Thank you for your reply.
The apt. is in North Carolina, and the leasing (management) company is in Florida, so I was unsure which to look up. As such, I looked at both and found the info. to be extremely confusing.

I was hoping, with your background in Landlord/tenant law, you could make suggestions as to my case. As such, I was hoping you could answer the questions stated in the above to the best of your knowledge and experience which I could then use as advice.

Thank you very much.

 

[Tracey]

NC law applies, unless the lease says otherwise, because the lease was signed & carried out in NC. The NC L/T act is in Title 42. Security deposits are in article 6.

1. Calculate interest at the judgment interest rate. It's listed somewhere in the NC statutes, or you can call a random attorney & their secretary will know off the top of his/her head.

2. Go ahead & send L a letter. It's cheaper than filing a court case! Under 42-52, L had 30 days to return the deposit & list of deductions.

3. 42-55 says you get your deposit back, + any damages from L's noncompliance (interest maybe, certified mail fees, long distance phone calls, slander if he passed on false accusations to tenant screening companies, etc), + reasonable attorney's fees if the court decides L's actions were willful. Sending tha final demand letter stating all this helps you show L's actions were willful. Also, a court won't award you double or triple damages, so you might as well settle out of court for the deposit + costs.

4. The 'otherwise required' language sounds like it came from a multi-state lease. Some states required L to pay interest. NC does not.

5. Sue in small claims. You won't get any more money if you sue in the big kids' court, so you might as well go low key.


Good luck

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[curious_george]

Thank you for you reply.

I will send him a letter to see what happens. I have also been advised to address the consumer protection of NC, so I will trya that option too.

Thank you.