Landlord Withholding Deposit

This is a discussion on Landlord Withholding Deposit within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; Hello, Here is the situation: We moved out of our apartment the weekend of August 26-27,2006. I then hand delivered ...

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Old Nov 9th, 2006, 08:04 PM   #1
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Confused Landlord Withholding Deposit

Hello,

Here is the situation:

We moved out of our apartment the weekend of August 26-27,2006. I then hand delivered the keys to the office receptionist on Tuesday August 29,2006. I had a brief conversation with her where she verified my address, gave me a change of address form and asked if I needed anything else, I said can I get a form stating the return of keys, and she said don't worry you will receive your deposit in about 2 weeks.

I left thinking nothing of it. About a month later we get a bill for $50 stating that we did not return the keys until September 9,2006 and put them in the drop box. I called immediately and the receptionist said to send a letter documenting the move and they will review it. I send a later stating the above with a cancelation of electric service. This was sent on October 13,2006. I gave the letter to the receptionist and she said the office manager would call me the next week to discuss the situation. After waiting patiently until Wednesday the following week, I called and the receptionist said that the manager was working on it and will get back to me. I waited, no answer. I then called again the following Wednesday and got the same answer. Thursday, same answer. So then, I sent a certified letter with the same things I sent before, to the manager above. Waited more, called some more. Still no answer. Then on Friday the 27th of October, I presented a new letter to the management with confirmation of change of address with the post office on the 30th of August, A bill at our new residence on the 28th, cancelation of cable for the 28th, cancelation of electric on the 28th and 2 letters. One from my father in law stating that he helped move us out on the 26-27th and my boss stating I left to return keys on my lunch break.

The corporate office finally contacted me after repeated calls. Then I got a letter today saying that they spoke with the management onsite and they were sticking with their managements decision. My question is what should we do?

The deposit is only $225 and there bill $50 but I am a man of principle and can't let this go. If anyone can help it would be greatly appreciated.
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Old Nov 10th, 2006, 06:04 PM   #2
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Default Re: Landlord Withholding Deposit

Based on what you say here, you could file suit against them (or at least threaten to do so) in small claims court or in regular court; filing in small claims court is easier and requires no attorney.
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