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Security deposit problem

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V

vggdv

Guest
I recently vacated my apartment in Oklahoma after living there for 3.5 years. I did clean the apartment and I was expecting a full refund of my security deposit. After couple of weeks, I received a notice from the Apartment management. The letter says that the apartment is keeping entire deposit of $150 as late fee, and I still owe $10. I really had no clue what the late fee is for.

I called them and was surprised by the verbal explanation. They said that I paid rent late couple of times in 1998 and 1999, and they were charging me late of $25 for each time I paid the rent late.

At this time, after 3.5 years, I really had no clue whether I paid the rent late or not. I paid rent each and every month. The rent is due on the 3rd of each month. It is possible that I paid the rent on the 4th, instead of the 3rd. The apartment even renewed my lease every time without any questions.

The problem is that I was not informed that I actually was charged a late fee. The apartment charged me without my knowledge. I never got any thing in written about the charges on my account. But I do know the late fee policy.

I sent a letter to the apartment, reasoning with them. I got a reply back saying that the management is waiving the $10 that I still owed.

Is there a way that I can get my deposit back? Do I have any case at all? The problem is the way the management kept the money. Even though there is a late fee policy, I really had no clue that I was indeed charged. The apartment never notified me about the charges. After this 3.5 years, I don't have a proof (neither the apartment) that I paid the rent late. Any advice? Thanks
 


M

minerk

Guest
Contact a lawyer. This seems to be a fairly convenient (and illegitimate) way for the LL to keep your deposit. For $25-50 the lawyer will write the LL a nasty letter that will probably squeeze the deposit out of the LL. Do this ASAP, since the OK statute states that you have 6 months after termination of tenancy to demand your deposit.
 

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