secuity deposit

[carson714]

new jersey-
as a tenant i vacated my apt on 02/28/01. i haven't heard from my landlord regarding my deposit for the 30 day limit written in the lease. after calling the landlord at least 4 or 5 times thru 05/11/01 i still haven't recieved the money although he assurred me on at least 2 occasions the check would be sent out within days of my call.during these calls i also inquired about any deductions and i was told there were no problems. on 05/15/01 i received a hand written note with the figures for my deposit, interest earned and deductions. also a copy of a bill for new carpeting and kitchen tile. the apt was kept up and nothing other then normal wear and tear was evident. unfortunately the only photos i have are photos taken 2 months before i moved out. also, the apt was in a side by side duplex which used two different mailing address (204 and 206). i resided at 206 and the addresss on the bill stated the flooring job was at 204. can i sue for my deposit back and do you suggest i obtain an attorney or try this one on my own.
thanks
carson

 

[dj1]

I guess next time you will take pictures onthe DAY you move out...

Did the tenant in 204 move out too? Then sue!

So Go ahead you have pictures,It wont be bad, and you will learn about how our American system of justice works...you have some personal days from work..use them!

 

[mary ray]

Before you sue, I would send a letter to the landlord and advise him that if the security deposit was not forthcoming that you will file suit against him. While you may have no choice but to take him to court I would at least attempt to do this to avoid some headaches. I would send it RRR. When you put it in writing and can docuement it, it tends to get their attention. This is not a civics class so if you can avoid litigation do so. Good luck.

 

[Paul Bernstein]

Check on your local laws on these issues.

In Chicago, if a landlord whose apartment is covered by our Chicago Residential Landlord and Tenant Ordinance, does not return the deposit in a timely fashion, and/or pay interest on the deposit in a timely fashion, and/or does not in a timely fashion document deductions from the deposit for repairs, then in any such event, the tenant can:

1. Sue for the return of the full deposit (where it was not refunded), AND,

2. Sue for damages equal to TWO times the amount of the deposit, AND,

3. If the tenant hires an attorney, sue for the tenant's attorneys fees to be paid directly by the landlord!!!!

4. Plus, to be sure, interest and court costs.

Chicago, as all can tell, has an ordinance that has been called the "tenants bill of rights", and the purpose of the law, enacted in 1986, was to "level the playing field" between Chicago landlords and their tenants and to enhance and improve the quality of housing in Chicago.

So, do some research on the law; find a local lawyer to help you, who has the courage and commitment to rely on local law (if it is anywhere near like Chicago) to get their fees from the landlord; and if no local lawyer you can easily find will help you on this "contingent" basis, consult with local law schools, tenants rights groups in your area (if any), and do some networking....you may find, hopefully, that the law not only protects you but provides the penalties and incentive to tenants' lawyers, to help you.