Landlord stalling with my security deposit, what should I do?

[enayes]

I moved out of my apartment at the end of May 2014. I am owed a $630 security deposit, the lease states that I would get it back within 14 days of moving out. I looked online and found that 30-45 days is considered a "reasonable" time to get any deposit back.

I have been in contact with my landlord and he keeps saying he'll have the money by next Friday, or next week, etc. He is going through a rough time and had to give up a couple of his properties to his ex-wife. Overall I didn't have any problems with him while I lived there (10 months) but he is a sketchy guy and might be involved with drugs (using and selling).

As of now, he said he can give me $300 tomorrow (we'll see if it happens) and the rest when he has it.

I looked into filing a claim in court to get the money back but I'm not sure if that would cost me money or if it's worth it at this point. I am still living near him so it's not like I moved far away or anything.

Should I just give him some time to pay me or file a claim in court? Keep in mind I don't want to spend any money if I don't have to.

[DeuceWallaces]

If it's only been a couple weeks you need to just be patient. That being said in many states they're not allowed to spend the money which it appears he/she likely has.

[DukeDelonte13]

what state are you in?

[enayes]

I'm in NY and it's been over a month now, I moved out on May 31st. (I made a mistake in my original post, fixing now)

[DukeDelonte13]

I'm in NY and it's been over a month now, I moved out on June 30th.


google "NY landlord tenant security deposit" or something similar.

find out the actual statute that governs security deposit.

Send a letter demanding payment within X amount of days.

If he doesn't comply sue him in small claims court / housing court for it.

[ZenMaster]

I'd give him some more time, if you moved out end of june he can't have been stalling for long.

I'd only go to court as the last resort, if he's going through a hard time like you say then you might be doing him a solid.

[DeuceWallaces]

Last thing you want to do is go to small claims court over 600 dollars.

[rufuspaul]

Last thing you want to do is go to small claims court over 600 dollars.


I do it all the time. You'd be surprised how many people can suddenly find money when faced with a possible judgment.

[DeuceWallaces]

It's a pain in the ass in Michigan; or at least was.

[Tarik One]

I moved out of my apartment at the end of May 2014. I am owed a $630 security deposit, the lease states that I would get it back within 14 days of moving out. I looked online and found that 30-45 days is considered a "reasonable" time to get any deposit back.

I have been in contact with my landlord and he keeps saying he'll have the money by next Friday, or next week, etc. He is going through a rough time and had to give up a couple of his properties to his ex-wife. Overall I didn't have any problems with him while I lived there (10 months) but he is a sketchy guy and might be involved with drugs (using and selling).

As of now, he said he can give me $300 tomorrow (we'll see if it happens) and the rest when he has it.

I looked into filing a claim in court to get the money back but I'm not sure if that would cost me money or if it's worth it at this point. I am still living near him so it's not like I moved far away or anything.

Should I just give him some time to pay me or file a claim in court? Keep in mind I don't want to spend any money if I don't have to.

Put a Mechanic's Lien or Judgment Lien on his property if it appears he will not give you the money soon. This way, if he attempts to sell or refinance, the amount owed to you will automatically be taken out of his proceeds.

[rufuspaul]

It's a pain in the ass in Michigan; or at least was.


Oh yeah, I guess it varies from state to state. There are some states that heavily favor landlords and some that favor tenants as regards to rent, eviction, etc.

[enayes]

I'd give him some more time, if you moved out end of june he can't have been stalling for long.

I'd only go to court as the last resort, if he's going through a hard time like you say then you might be doing him a solid.


I moved out at the end of May, so it has been over a month now.

[Done_And_Done]

Let's see if he comes through with the $300 tomorrow first...

[tontoz]

I live in Md. My landlord was a total biatch. Make a long story short i filed a case with mediation, she refused to pay, and her response to the mediator showed how nutty she is.

I sued her in small claims court, using the letter she wrote to the mediator. Not only did i win but i also got treble damages.

:rockon:

[bdreason]

Take the $300 and be thankful if you eventually get the rest. $300 isn't worth getting anyone else involved.

[Meticode]

What a waste of time money has become.

[DukeDelonte13]

the only expense you have going to small claims court is just a small filing fee and your own time.

[enayes]

Take the $300 and be thankful if you eventually get the rest. $300 isn't worth getting anyone else involved.


Thankful? :oldlol: It's my money. I guess I should come to you if I ever need to borrow money, seeing as you won't mind too much if you never get it back.

[kentatm]

I had a landlord do this to me

you have to keep on this dudes butt about it.

landlords like this tend to try stalling long enough that the person gives up and walks away.

also, try and get a written record from him of what he owes via email or a text so he can't weasel out and say he's already paid.

[enayes]

I got the $300 today in cash and he wrote a receipt for the both of us stating that he still owes $330. He felt bad about the situation and apologized a couple times about not getting it back to me on time. He said he will have the rest by the 15th.

[gts]

I got the $300 today in cash and he wrote a receipt for the both of us stating that he still owes $330. He felt bad about the situation and apologized a couple times about not getting it back to me on time. He said he will have the rest by the 15th.
:cheers: He sounds like a good guy having a rough time

[JohnFreeman]

:cheers: He sounds like a good guy having a rough time
this

[enayes]

UPDATE:

I was given another $200 a few weeks ago, so he still owed me $130.
Late last month I ask him about the $130 and he says he'll have it on 9/3. I text him on 9/4 and get no response. Texted again on 9/6, same thing no response.

I then get a text from my fiancee saying that Marc (my landlord) is in jail :facepalm

Here's a link to the article:
http://www.thedailystar.com/news/local_news/article_83a58c3d-4568-5705-9f40-866e7ae94219.html

He told me he would have the money on 9/3 and the above event occurred on 9/2 :roll:

:hammerhead:

[KNOW1EDGE]

Rape your landlord and his/her whole family.

Edit: I just read that article. That is awesome. Only bad part is you won't be able to rape your landlord, just his while family. : (

[gigantes]

UPDATE: I was given another $200 a few weeks ago, so he still owed me $130.
Late last month I ask him about the $130 and he says he'll have it on 9/3. I text him on 9/4 and get no response. Texted again on 9/6, same thing no response.

I then get a text from my fiancee saying that Marc (my landlord) is in jail :facepalm

Here's a link to the article:
http://www.thedailystar.com/news/local_news/article_83a58c3d-4568-5705-9f40-866e7ae94219.html

He told me he would have the money on 9/3 and the above event occurred on 9/2 :roll: :hammerhead:
holy shit, that's no laughing matter.

be thankful he didn't go apey on you like he did those other people.

[nathanjizzle]

didnt read the post but its common for landlords to stall on the security deposit because they just simply dont have it. make sure you always push the issue though or he/she will write it off.

[enayes]

didnt read the post but its common for landlords to stall on the security deposit because they just simply dont have it. make sure you always push the issue though or he/she will write it off.

I pushed the issue and have gotten $500 of the $630 he owes me. But as you can see from the article I posted he is now going to be in jail (again) for a pretty long time.

[DeuceWallaces]

Yeah you're definitely not getting anything now. Just be happy you got the 500 considering the type of guy he is.

[Nick Young]

UPDATE:

I was given another $200 a few weeks ago, so he still owed me $130.
Late last month I ask him about the $130 and he says he'll have it on 9/3. I text him on 9/4 and get no response. Texted again on 9/6, same thing no response.

I then get a text from my fiancee saying that Marc (my landlord) is in jail :facepalm

Here's a link to the article:
http://www.thedailystar.com/news/local_news/article_83a58c3d-4568-5705-9f40-866e7ae94219.html

He told me he would have the money on 9/3 and the above event occurred on 9/2 :roll:

:hammerhead:
guess that means your money is dirty breh

[Akrazotile]

Hah, look at the dudes Facebook page. Marclain Marrero. Its hilarious. "Studied at: Marcy Correctional Facility".


Crusty old man, with a cornball post about how hes finally met the girl of his dreams, but shes "got the monkey on her back!" (drug addict). Hes 57 and shes 21 and look at the pic of her, what a trashbag.


Its crazy how there are humans out there that are still this low class. How did this guy even become a landlord???

[DukeDelonte13]

Hah, look at the dudes Facebook page. Marclain Marrero. Its hilarious. "Studied at: Marcy Correctional Facility".


Crusty old man, with a cornball post about how hes finally met the girl of his dreams, but shes "got the monkey on her back!" (drug addict). Hes 57 and shes 21 and look at the pic of her, what a trashbag.


Its crazy how there are humans out there that are still this low class. How did this guy even become a landlord???


it's not hard.

You can literally buy homes in cities like Cleveland and Detroit for around 20k that don't need much work. You can even buy $1,000 homes that need some fixing up. Granted, they aren't in the nicest of neighborhoods.

You buy the homes, do what they need to do to get section 8 approved, and rent them out section 8. It's a win-win. You help the community by maintaining homes that would otherwise be neglected, you are helping out a struggling family, and you are getting a return on an investment you made. Obviously to be worth it you gotta do the work yourself and you should be handy with not only home related stuff like plumbing, drywall, and electric, but also minor HVAC and appliance stuff.


Also sometimes landlords inherit properties.

[cuad]

On the bright side, at least he was serious about paying you.

[enayes]

He built 3 "cottages" on his property that he rents out. They were actually pretty nice, about 500 square feet inside, full bath tub, etc.

He's about 10 mins away from town and it is a pretty run down area. It was hard to find someplace that allowed dogs and I actually like the idea of living "in the country" as opposed to a small apt in town.

We knew he had been in jail and prob did drugs but we were willing to risk it. We moved out at the end of May 2014.

A few times he offered to take $100 off the rent if we could pay it a couple weeks early (prob needed to buy drugs). I took him up on it each time, less rent money was fine with me :lol

[enayes]

This was his 14th time being arrested.

[gigantes]

This was his 14th time being arrested.
thus... interesting rental decision on your part, eh?

[enayes]

thus... interesting rental decision on your part, eh?

I didn't know this at the time, we found out stories as we started living there and after we left.