They refuse to give my dep back/or a final inspection.

[racingd]

What is the name of your state (only U.S. law)? Georgia thanks

I am trying to get my sec dep + pet dep back. I turned in a term letter 12/1/07, + I asked for #1. 2 letters; one letter, stating I paid my rent on time every month. Another letter (after ‘final inspect’) stating my pets did “no damage”. #2. I wanted to set up a ’final inspect’ time that was best for her.

I have a Prop Mgr (PM) at the complex; they have a ‘HOA’ because the bldgs are owned by individuals. All issues went to the PM to take care of. Since I signed the lease there has been #4 PM’s. This one has been there 4 months. I was told that everything just gets handed over to the next PM. I called the PM a few times in the beginning of the Dec. I heard nothing in 3wks, so I called her excessively towards the end of the month (27th-31st). I move out the 1st of Jan. I have doc (call details) of my cell to prove that I tried to get a ‘final inspect’ time. I moved out 1/1, as I had surg 1/7. I wanted to do the ‘final’ before I had surg, due to not being able to drive for a while after surg. She knew this. I sent 3 letters asking for all my money -the 3rd was sent certified, no response.

3/15 I finally got in contact w/bldg owner (BO) via email(s)-he states ‘sorry to see u go’, then states ‘the gall I had, asking for my deps back’. There was $3grand in repair bills to my place w/photos. 7 tenants left after a ‘shooting incident’-they left theirs in major dismantlement. I have witness/photo of ‘how’ I left my place. I asked him to send his proof and I sent him mine. I think the PM was screwing him to get more money by ripping out carpet that didn't need to be ripped out. You could see that in my pics.

I sued the ‘Registered Agent’ of the HOA, as I was told. They brought out that my lease had the name of my 1st PM and I need to go after them not the HOA. I want to go after the current PM and my bldg owner. Problem here-I live in GA the Bldg Owner lives in Colorado. Can I sue him here because his property is here? Or do I have to go after him in his state in Colorado? I am handicapped + I am on a fixed income after a Divorce of 28yrs. That's why I had to move into an apt.

PS I forgot I finally got a statement that I paid my rent on time in April '08-no help now, I needed it to get into another place. Luckily I found a great place and I left many personal references-that helped greatly.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[HuAi]

You don't sue the HOA, or the PM, you sue the building owner directly. You have to sue him in the county where the building is located (he'll have to fly in).


I see a couple of issues here that you need to address.

1) Take a look at your lease, tell us on which day it was signed, and how long it was in effect?


2) Did you give written notice of moving out?


3) If yes, on what date did you give notice of moving out?


4) On what date did you actually move out?


5) Did the LL ever send you a statement of account for your SD?


6) Did you perform a move-in inspection with your LL when you first moved in?

 

[racingd]

thanxs for answering-here are mine...

I had another message on here and it gave a lot of info and actually answered these-so I am glad you wrote.
Here are my answers.

I see a couple of issues here that you need to address.

1) Take a look at your lease, tell us on which day it was signed, and how long it was in effect?
I officially signed it on the 11/15/06 it was for 12 months. I did not have to pay until 12/1 since that was my first day of living there and that was ok'd by THAT PM-he was going out of town and would not be back until the 12/7. So we agreed on that date.

2) Did you give written notice of moving out?
Yes, I gave a doc on 12/1/07 that I would be moving out on the 15th, if I had a place. He never gave me the letter that I needed to prove I pay all of my bills (my rent) on time every month. So, I had a difficult time getting someone to rent to me. I am getting a Divorce after 28yrs and my ex messed up our credit to no end... I paid only half of my rent on the 1st, as I thought I was going to be out. But I paid the other half on the 15th and said that I will be out for sure 1/1. So I did not owe them anything.

3) If yes, on what date did you give notice of moving out? See above note...


4) On what date did you actually move out? I spent the last night 12/31. The current PM knows that for sure since she babysat my neighbors kids that night until 11pm. then the Mom came home. I had to go over and ask them to turn their music down at 1:30AM


5) Did the LL ever send you a statement of account for your SD? No, and I asked for it. But when the 1st PM got fired and he was the one who told me that if I do not get my SD back after 30 days in my state I can get 3X the amount back. That PM told me that each PM knows where it is because everything was passed on to the next PM.


6) Did you perform a move-in inspection with your LL when you first moved in? Yes , and I tried like you can not believe to TRY to get the current PM to do my final inspection. That was my point if I left the place in such disarray-then why would I have kept after her to do that inspection. Their Atty even asked why did I call her some much and at the hour that I did try 7:20AM on the 12/27. I called her 5X that day. She said don't you think that during that time of year that they might be busy. I said sure but NOT the whole month especially when I was moving out in 4 days. I had tried numerous times with respect for her time, and I did say when it was best for her, because of the time of year as well. The Atty did not have an answer to that.

HuAi-that's why I was hoping that I could go after him here in my county-because his property is here. But to be honest when I went to file this time-I ran into a Judge and he said-"Honey let me save you a lot of time and money on this-you must get go after their Registered Agent also. So I found out who it was and I also found out that they are suppose to renew it every year on April 1st. They had not done so this year and still it is not UTD on this. But I did call the State and they said 'I have some good news for you-and that it has been the same person since they became a HOA. She sent me the info via email the day of court. The Judge commended me on getting that info and that I was right in bringing that person in as their Reg Agent.
So I will go after just the Property Owner and not the current PM. I even tried to get her(she was there)to answer the question. "Then who gets the SD and where do they go now?"

 

[HuAi]

A couple of things - when you go to court, don't say anything about multiple PMs, or any of that other junk, it has nothing to do with the law, and is just confusing. That issue doesn't concern you, all you have to prove is that you followed the law and gave your notice on time to the current PM whoever that may have been at the time.

Look at your responses above and cut off everything after the first sentence for each one

GA law requires the tenant to provide 30 days written notice to the landlord that you are moving out. Since you gave notice on 12/1/07, you would be responsible through 12/31/08 - for your extra day of stay in January you would be a holdover tenant. You are lucky January has 31 days, if it had been a 30 day month you'd be responsible for rent until Jan 31. In the future always give notice the month before you plan to move out and remember your lease ends on the 30th/31st, not on the 1st of the following month!

It's not your duty to schedule or perform a moveout inspection. The PM normally does this on his own after you move out when all the walls and carpets can be seen.

The landlord is required to provide you with either the security depost or a detailed account of how it was used within 30 days of termination. Did you leave a forwarding address with your landlord? You are not obligated to call or write to them (and they're not obligated to pick up the phone for that matter!)

You can sue the landlord in the magistrate or state court where either the landlord resides or where the PM has his offices (PM would represent the LL in court). You can sue the LL for treble the amount of the security deposit!

So stop calling and go file a lawsuit already.

 

[racingd]

Thanks a lot HuAi

A couple of things - when you go to court....

OK-I thought I would have to, just to prove how bad things were. I tried to get someone to answer my question about-"Where is my SD and PD being kept?" and "Who has the access to it now?"everyone passed it along to the next PM. I really tried to get the info about who MY Bldg Owner was? Every one of them said "I'll get back to you." I found out 'who owns each bldg' via the net. The PM did not like that one bit.

Look at your responses...

Sorry-I did try + cut everything. If I had kept my other info that I cut , then you would have seen all of these answers. But it's nice to have someone try to help me and for that-I want to say "THANXS"

GA law requires the tenant to provide 30 days...

I do understand NOW(again thanxs for bringing that to my attention). My last night was the 31st and I left the am of the 1st... Thinking maybe she would come over and do the FI that day. I had to atleast give her the benefit of doubt that she would show up to get the keys.

It's not your duty to schedule .....

But I wanted to be there when they did a "walk thru", that is why I asked her to pick a day after I was out 1/1 and before I had surgery 1/7. I heard rumors that people have been screwed out of their SD and no one had ever gotten their SD back. I wanted to hear her say I see nothing wrong here and I wanted her to take pic while I was there as I did take some. But I left the plastic cover over the lense of my cell and they came out so dark-I could have said these were taken of the President doing a FI.

The landlord is required to provide you ...

This is a good one. I have proof that I kept after them about my SD many times(from 1/30-4/15). I'm sure this has been said here many times-That if it was their rent they would be knockin' at my door until they got it!!! End of story. I have proof that I said to them 'I have not heard a single word about my SD' in all of my contact acts, cell, email, and of course the cert letter route-which I am gonna be asking for that to be returned as well. I left my forwarding address in each of my 3 letters I sent


You can sue the landlord in the magistrate or state...

The PM has an apt as the office on the complex. I will file first thing on Monday, I got the paperwork today. Do I still need to sue the Reg Agent A judge who was in the hallway-said that to save me time and money-I need to also go after the Reg Agent for the complex. My plan is to file against Bldg Owner, Reg Agent and also current PM. the worse that can happen is they would dismiss the case against who I didn't need to sue. Is that correct?

Thank you, for everything.