It Pays To Know The Law
We recently bought our first house and moved there from an apartment in a large complex in a neighboring city. Before moving out, we cleaned and scrubbed the apartment, but as we hadn’t had time to shampoo the carpets like the complex wanted everyone to do on moving out, we figured we wouldn’t get the full damage deposit back. Oh, well; we got all of our things out and left no trash or messes. Plus, we were happy to be done with the nickel-and-diming the apartment complex did at the slightest opportunity.
Two and a half weeks passed with no word about the deposit. In my state, the law says that a landlord must give former tenants an itemized receipt and any remaining damage deposit no later than three weeks after the tenant moves out. After three weeks, the landlord forfeits any right to the deposit; it all goes to the former tenant, regardless of what state the rental was left in. Furthermore, if the landlord attempts to recover a damage deposit at this point, the courts will award up to twice the damage deposit to the former tenant (except in extraordinary cases, of course).
Knowing this, I called the apartment office and confirmed that they had our new address. I didn’t tell them why I curious. They did. A month after we moved out (that is, one week late), we got an envelope from the apartment complex with no itemized receipt, just a check for a third of our damage deposit. The postmark was after the three-week mark, as well.
Next, I called my dad, an attorney who handles non-criminal law and has experience with property law. I told him what was going on. His advice?
Dad: “Don’t cash the check, at least not yet. Write a letter citing the law and the apartment complex’s violation of it — and go ahead and include that you’ve talked to your lawyer about it.”
That’s not a lie; in the instances when I’ve needed a lawyer, like writing up my will, Dad’s the one I go to.
I happily typed up a short letter along the lines of:
Me: “We received your check on [date] after moving out on [date four weeks prior]. According to [state code] — which you have violated — and on the advice of my lawyer, I must insist that we are refunded the full deposit in accordance with state law.”
A day or two later, I got a phone call from the apartment complex. A very tense-sounding person on the other end told me in very stiff, formal terms that they’d received my note and a check for the remaining balance was on its way. Once I got that, I took both to the bank and deposited them.
The moral of the story: know your rights and follow the rules. We would have been fine with the smaller amount had they just followed state law, but once they tried to pull a fast one on us, probably assuming that we didn’t know what they were doing? Pay up!