Can I sue if I never received deposit check?

[ttwinkiw]

What is the name of your state? South Carolina

I moved from my apartment in May 07. Soon after, I received a letter from my former apartment management stating that I had a $679 refund owed to me, and to allow 30 days. It has been four months and I still have not recievd it. After leaving several messages, I finally spoke with my previous landlord on 7/27. I told them I had not received the check. I was told they would look into and get back with me. After leaving several messages again, I finally spoke with my landlord on 8/31. She said that the check was never cashed. She would place a stop pay on it and reissue. At that time we also verified my adress, again. On 9/12 I called again, no check yet. I was told a check was mailed on 9/7 to be patient and if I had not recievd it by 9/14 to send them an email. This is an apartment owned by a large corporation, which makes it more frustrating. Well, you know what happens next. 9/14 came and went - no check. On 9/18 I sent an email to the management company letting them know that I still had not recived the check. I feel like they have given me no other option and I would be looking into filing a Small Claim in Court. I have not heard from them since - and i still have not received a check. Do I have a case? I've never been to court before and am very nervous. Another question is if they truely mailed checks to me and have check numbers and isse dates, do they have a case? What if I file and get a check in the meantime? One more thing, can I sue them for some sort of late charge or penalty for going to court?

 

[moburkes]

Sure, sue them for the deposit not being received. Check your state's LL laws to determine if you are eligible for double or triple damages.

 

[dcatz]

Do I have a case?

SECTION 27-40-410. Security deposits; prepaid rent.
(a) Upon termination of the tenancy, property or money held by the landlord as security must be returned less amounts withheld by the landlord for accrued rent and damages which the landlord has suffered by reason of the tenant's noncompliance with Section 27-40-510. Any deduction from the security/rental deposit must be itemized by the landlord in a written notice to the tenant together with the amount due, if any, within thirty days after termination of the tenancy and delivery of possession and demand by the tenant, whichever is later. The tenant shall provide the landlord in writing with a forwarding address or new address to which the written notice and amount due from the landlord may be sent. If the tenant fails to provide the landlord with the forwarding or new address, the tenant is not entitled to damages under this subsection provided the landlord (1) had no notice of the tenant's whereabouts and (2) mailed the written notice and amount due, if any, to the tenant's last known address.
(b) If the landlord fails to return to the tenant any prepaid rent or security/rental deposit with the notice required to be sent by the landlord pursuant to subsection (a), the tenant may recover the property and money in an amount equal to three times the amount wrongfully withheld and reasonable attorney's fees.

If they truely mailed checks to me and have check numbers and isse dates, do they have a case?

Not if they had your correct mailing address and no negotiated checks.

What if I file and get a check in the meantime?

You either dismiss the case or decide if you want to continue it for the treble damages. If it appears that the check was subject to some mail delay (e.g. “lost in transit”), I’d suggest dismissing. If the check was cut and mailed after filing and/or service, go for the treble damages

Can I sue them for some sort of late charge or penalty for going to court?

Not other than the damages provides by sect. 27-40-410(b).