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  1. #1
    Barefoot Bandit enayes's Avatar
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    Default Landlord stalling with my security deposit/UPDATE: He is now in JAIL

    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.
    Last edited by enayes; 09-09-2014 at 03:16 PM.

  2. #2
    NBA Legend DeuceWallaces's Avatar
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    Default Re: Landlord stalling with my security deposit, what should I do?

    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.

  3. #3
    Very good NBA starter DukeDelonte13's Avatar
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    Default Re: Landlord stalling with my security deposit, what should I do?

    what state are you in?

  4. #4
    Barefoot Bandit enayes's Avatar
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    Default Re: Landlord stalling with my security deposit, what should I do?

    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)

  5. #5
    Very good NBA starter DukeDelonte13's Avatar
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    Default Re: Landlord stalling with my security deposit, what should I do?

    Quote Originally Posted by enayes
    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.

  6. #6
    Whap'em ZenMaster's Avatar
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    Default Re: Landlord stalling with my security deposit, what should I do?

    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.

  7. #7
    NBA Legend DeuceWallaces's Avatar
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    Default Re: Landlord stalling with my security deposit, what should I do?

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

  8. #8
    Alpha Tarheel rufuspaul's Avatar
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    Default Re: Landlord stalling with my security deposit, what should I do?

    Quote Originally Posted by DeuceWallaces
    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.

  9. #9
    NBA Legend DeuceWallaces's Avatar
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    Default Re: Landlord stalling with my security deposit, what should I do?

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

  10. #10
    NBA rookie of the year
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    Default Re: Landlord stalling with my security deposit, what should I do?

    Quote Originally Posted by 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.
    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.

  11. #11
    Alpha Tarheel rufuspaul's Avatar
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    Default Re: Landlord stalling with my security deposit, what should I do?

    Quote Originally Posted by DeuceWallaces
    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.

  12. #12
    Barefoot Bandit enayes's Avatar
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    Default Re: Landlord stalling with my security deposit, what should I do?

    Quote Originally Posted by 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.

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

  13. #13
    Induuubitably Done_And_Done's Avatar
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    Default Re: Landlord stalling with my security deposit, what should I do?

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

  14. #14
    NBA Legend tontoz's Avatar
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    Default Re: Landlord stalling with my security deposit, what should I do?

    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.


  15. #15
    Game. Set. Match. bdreason's Avatar
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    Default Re: Landlord stalling with my security deposit, what should I do?

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

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