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

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PayrollHRGuy

Senior Member
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

Senior Member
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.
 

Roguegram

Member
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

Senior Member
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

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

quincy

Senior Member
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

Senior Member, Non-Attorney
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

Senior Member
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.
 
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