Do I sue for the return of monies or am I out of luck

[Roguegram]

Do I need to take any preemptive action? He will not talk to me

 

[Roguegram]

Did you ask your landlord how much money he turned over to the other tenant to return to you?

 

[Roguegram]

I have called about 15 times but he has his phone on voice mail and never calls back.

 

[PayrollHRGuy]

This just happened within the last 2 wks. Moved out Feb 16. Since he refuses my call he has not made a claim.

He has 30 days according to the law to mail you a claim to your last known address. If you didn't give him a new address he can mail it to the apartment where you no longer live. Reread the quote from the law I posted above.

 

[quincy]

The refund was a cash refund or by check?

If cash, it is important that you learn how much money the landlord actually refunded. It might be the third-party tenant or your friend against whom you have a legal action to pursue - although I think the landlord erred in turning refund money over to anyone but you.

 

[LdiJ]

It should be pointed out that the LL has already re-rented the property. The OP is (should be) no longer responsible.

And he apparently did so within two days of the OP vacating the unit.

 

[Roguegram]

Thank you all for your opinions. I have been reading all of the applicable statues etc. and I appreciate you pointing out pertinent items. My last question is whether I need to wait for the full 30 days before bringing suit.

 

[PayrollHRGuy]

The LL will have not violated the law prior to 30 days. Filing early may motivate him to either hand over the money or deliver the list. There is another issue here.

Did you formally provide your new address? If you didn't, as I mentioned earlier, he could simply mail the letter to your old apartment and show proof of that when he shows up in court.

 

[Roguegram]

I did not notify him but have filed change of address with post office and my mail has been forwarded with little delay.

 

[Zigner]

The LL will have not violated the law prior to 30 days. Filing early may motivate him to either hand over the money or deliver the list.

Filing early may subject the OP to sanctions (think abuse of process).

 

[quincy]

I did not notify him but have filed change of address with post office and my mail has been forwarded with little delay.

Did you receive the $300 in cash or by check?

 

[Roguegram]

Cash, he would never take checks and only receipted 2 of my 3 rent payments, the first and the last.

 

[quincy]

Cash, he would never take checks and only receipted 2 of my 3 rent payments, the first and the last.

That can be a problem.

If your landlord says he refunded the total amount of your deposit, then you need to look at the third party and your friend.

 

[Zigner]

That can be a problem.

If your landlord says he refunded the total amount of your deposit, then you need to look at the third party and your friend.

I disagree. Without specific authorization from the OP, this method of getting the money to the OP isn't correct. It's not on the OP to chase those folks, rather, it's on the LL.

ETA - to say it another way - 3rd party and friend aren't agents of the OP.

 

[quincy]

I disagree. Without specific authorization from the OP, this method of getting the money to the OP isn't correct. It's not on the OP to chase those folks, rather, it's on the LL.

ETA - to say it another way - 3rd party and friend aren't agents of the OP.

That is debatable.