Security Deposit Question

[Neal1421]

What is the name of your state? TN

I've lived in my apt complex for about 2 1/2 years. I lived in one apartment for a year and 1/2, and I've been in my current apt for about a year. My lease is up at the end of the month and I am planning on not renewing the lease.

When I went into the apt office a 2 months ago to turn in my 60 days notice, they asked for a forwarding address and I told them I didn't have one at the time. I went in yesterday to give it to them.

When I went in, first they looked up my account and told me that I owed them money for the month of June, I told them that I had paid up until the end of my lease which ends June 27th. I was then told that they do not pro-rate rent and that I owed up until the end of the month.

After I explained to him that I had spoken to someone in the office on 5/31 and that person told me that I only owed up until the end of my lease. He asked if I had any proof of that conversation and I let him hear the voice mail message that one of his office staff left for me that stated a specific amount for June. He then said that he would honor the amount quoted although it was off by a penny but he said he would let it slide. Needless to say, I gave him the penny and asked that they not do me any favors.

I then gave him my forwarding address for the return of my security deposit and he told me that I would not be getting the deposit back and if anything was wrong with the condition of the apt I am living in now, I will end up owing money.

I asked him what he was talking about and he said that they used my deposit money on cleaning the other apartment. I told him I never got any notice of that and that I had not only hired someone to clean the apartment as well as carpet but I had also inspected it and took pictures before I left.

He said there was nothing he could do and that I would not be getting my deposit back.

Sorry so long, but since I did not receive an itemized list of everything that I was being charged for when I moved out of the old apt, can they say that my deposit was used on that and that if anything is wrong with the apt I am moving out of that I will have to pay more? I understand that that is what the security deposit is for, but shouldn't they have notified me about the other apt?

I checked the LL&T laws for TN but couldn't find anything about moves within the complex.

Thanks!

 

[johnd]

Waaaaaaay to much of he said, she said you said. Do it in writing. Now you have some proof that either:

1) they never sent a reconciliation
2) the withholding is inaccurate
3) they did send a reconciliation, and either it was accurate...or not.

Do these things in writing.

 

[Neal1421]

Waaaaaaay to much of he said, she said you said. Do it in writing. Now you have some proof that either:

1) they never sent a reconciliation
2) the withholding is inaccurate
3) they did send a reconciliation, and either it was accurate...or not.

Do these things in writing.

How would I have proof of them never sending anything? They knew where I was living as I was still in the complex and I never got anything? They also never mentioned anything about the deposit until I brought it up that day.

The crazy thing is that the same day that I went into the office to give them my forwarding address and he told me that I still owed $70, I left the office and went into my apartment and saw a copy of my intent to leave, a check out list, and a notice stating that I only owed the amount that was paid. Which means that before I went into the office or while I was there, someone dropped off paperwork showing the amount that I paid was the correct amount. I don't understand why it wasn't mailed or put outside my door as it usually is instead of them coming into my apt unannounced, but it is what it is and I won't have to be there much longer.

I'm just so fed up with this place, I can't wait to get out.

 

[johnd]

By way of your communiques. An unanswered proposition is deemed an admittal in a court. If you requested the reconciliation in writing, they could state:
"Ooops, we forgot. Here it is."
"Here it is...again."
"We never mailed it, and never will."

And so on.

 

[acmb05]

What is the name of your state? TN

I've lived in my apt complex for about 2 1/2 years. I lived in one apartment for a year and 1/2, and I've been in my current apt for about a year. My lease is up at the end of the month and I am planning on not renewing the lease.



I checked the LL&T laws for TN but couldn't find anything about moves within the complex.

Thanks!

First when you moved into the new apartment unless they specifically asked you for a new deposit the old one was automatically transferred to the new one.
Even if they some how get around that you still have the law that states they must send you an itemized list of damages within 30 days along with a check for the balance not used (if any).

Bottom line is they cannot use your security deposit now for your old unit. Explain to them that they never sent you the itemized list of damages therefore they cannot hold your security deposit for your old apartment, and if they try to you will sue for treble damages.

BTW are you in Sumner County?

 

[Neal1421]

First when you moved into the new apartment unless they specifically asked you for a new deposit the old one was automatically transferred to the new one.
Even if they some how get around that you still have the law that states they must send you an itemized list of damages within 30 days along with a check for the balance not used (if any).

Bottom line is they cannot use your security deposit now for your old unit. Explain to them that they never sent you the itemized list of damages therefore they cannot hold your security deposit for your old apartment, and if they try to you will sue for treble damages.

BTW are you in Sumner County?

That's what I was thinking however I wasn't sure. I checked my lease and it does say that the security deposit was the same amount that was on the old one, however, it was signed before I moved out of the old apartment so I'm not sure how much weight that would hold as far as the deposit goes.

No, I'm in Davidson Co.

Thanks!

 

[johnd]

That's what I was thinking however I wasn't sure. I checked my lease and it does say that the security deposit was the same amount that was on the old one, however, it was signed before I moved out of the old apartment so I'm not sure how much weight that would hold as far as the deposit goes.

No, I'm in Davidson Co.

Thanks!

Well, then this is much ado about nothing. If the sd is the same on the new lease as the old, and you didn't pay an additional deposit, then it was transferred. I do that all the time. I do elucidate the fact that sd funds were transferred, and if no reconciliation is warranted, it is so stated. Sheeesh.

 

[johnd]

Then it shows that on the date of that lease, they applied that much of a deposit to your new place. They screwed up. You win. But they don't know that, and might just keep the deposit. So you're probably going to have to fight it out in small claims, unless you can 'talk some sense in to them.' The possibility that they might have to pay 3x security deposit on the old place since they didn't get you an accounting within the 30 days (assuming that's the law in your state as it is in CO) might be enough for them to play it straight. If you have all the documents you suggest you have, small claims should be a slam dunk.

Tom

No. The transfer (new lease) can count as a reconciliation (for the first lease), provided it follows the rules. They must still, however, provide a reconciliation for the second lease.