Security Deposit

[MarthaStewart]

I used to live in the States.
Moved out in late May of this year.

When I moved into my apartment back there, I paid a security deposit of $1300.
State law says that the landlord has to put that in an intrest bearing account and then use the money in there after I move out if I trash the place - like if I took a sledgehammer and bashed out one wall, then they would use that to pay the cost of that.
Anything left over (I've always gotten the full amount since I don't trash my places) is given back, along with the interest from the account.

When I moved out, I gave the landlord my address here in Bermuda.

Still haven't gotten a check.
Granted, it takes a long time to get mail here, but not in the summer when they are sending planes more often and larger ones too to take into account the added load of summertime passengers.

What are my options to get the check?

I know I need to call her, but she is an evil bitch and I want to know everything that I can argue with her to get it back from her.

The obvious answer is to sue her, but even if that worked, the money to do that is going to eat up getting the deposit back.

Any ideas?

 

[MarthaStewart]

try living in a college town.. deposits are pretty much a lost cause.

I lived in the biggest college town in the States.

That said, I've never lost a deposit before, and it is illegal in that state for them to hold it without reason.

We left the place cleaner than we found it.

 

[Nathan]

It's spelled "cheque". That's okay though, you aren't thinking clearly in your current state of anger.

 

[ZKaudio]

try living in a college town.. deposits are pretty much a lost cause.

 

[Code]

Give me the address.
I'll get your money for you, assuming you don't mind splitting it with me.

 

[MarthaStewart]

Give me the address.
I'll get your money for you, assuming you don't mind splitting it with me.

I'd have to look it up - I honestly don't remember it.
I know what my address was, and they were above me, so their address is either 2 digits over that, or 2 digits under it.

The boyfriend has a Porsche and a 49ft boat. Nice guy.

He isn't the problem though - it is his psycho girlfriend that is the one that runs it - her family owns it.

I think they are having problems renting it after 4 years of a real estate boom - they are charging WAY too much (I paid $1300 a month for it and they want to raise it to $1500 and even $1300 was too much for it).

Since they can't rent it, I think they are in denial and blaming me and therefore not giving me the deposit.

 

[PoyeBoy]

It's spelled "cheque". That's okay though, you aren't thinking clearly in your current state of anger.

\

no sorry, hes not from canuckland

 

[presguy]

It's spelled "cheque". That's okay though, you aren't thinking clearly in your current state of anger.

it may be check in bermuda. i know its cheque in canada.

 

[Y_lifter]

So, are you saying you are no longer an American ?
What sort of issues do you have now then ?

 

[MarthaStewart]

In Bermuda it would be whatever the British term for the US check is... cheque?

Doesn't matter since the check I'm referring to is in the States.

And Y lifter, I am still American - can't have status here until I've been married to a Bermudian for over 10 years and I have to go through a process of application and acceptance which could take a lot more than that.

And I have tons of issues - but I'm only talking about wanting the security deposit.

It isn't like I can't live without the money - I rarely even think of the money - but when I do, it isn't that I need it, it is that it pisses me off that woman is just keeping it like that.
It is about what is right, less of any real distress that it puts me in.

I would hire a lawyer and deal with it, but I'm thinking that is going to cost at the very least, half of what I want to get back.
Then again, I would get the money back and she too would have to hire a lawyer... maybe that really is the best way.

I'd so much prefer just the place being firebombed, but I like her boyfriend and his cars.

 

[Y_lifter]

So it would be easier to become Latvian Orthodox than
bermudan ?

 

[presguy]

In Bermuda it would be whatever the British term for the US check is... cheque?

Doesn't matter since the check I'm referring to is in the States.

And Y lifter, I am still American - can't have status here until I've been married to a Bermudian for over 10 years and I have to go through a process of application and acceptance which could take a lot more than that.

And I have tons of issues - but I'm only talking about wanting the security deposit.

It isn't like I can't live without the money - I rarely even think of the money - but when I do, it isn't that I need it, it is that it pisses me off that woman is just keeping it like that.
It is about what is right, less of any real distress that it puts me in.

I would hire a lawyer and deal with it, but I'm thinking that is going to cost at the very least, half of what I want to get back.
Then again, I would get the money back and she too would have to hire a lawyer... maybe that really is the best way.

I'd so much prefer just the place being firebombed, but I like her boyfriend and his cars.

if you are certain you're not getting the money, the lawyer route would be the way to go. imo

 

[MarthaStewart]

Holy Shit!

Score!

My friend is in law school right now and I asked him about it and he did some searching and is forwarding me some of the legalize stuff.

Maybe it worked out well to my advantage - since she fucked up, by law if I can prove it, she owes me "3 times all the money due, plus 5% interest since the date the money was due (late May), plus court fees, plus reasonable lawyers fees."

Sounds like I need to get in touch with her pronto.
I'm too nice of a guy - I should just immediately go to a lawyer, but instead I'm going to her first and going to ask nicely for it one more time.
If she still doesn't respond, then I will ask whom my lawyer will speak to.

3 * $1300 = $3900
I'll ignore the interest for now - that is still a lot of cash.
Hot damn - she is in the wrong state to be a bitch the way she is.

 

[the nature boy]

this remind me of that one episode of The People's Court where Judge Whopner made that one guy pay the other guy.

 

[primetime21]

To sue for a security deposit you wouldnt need an attorney. Its a fairly simple area of the law (at least it is NY). You would have to go back to the state you lived in.

And were did you hear that you would be entitled to 3 times the amount of the deposit. I have never seen that happen. I would like to know what the law student basis that equation. Is he considering treble damages?

 

[MarthaStewart]

To sue for a security deposit you wouldnt need an attorney. Its a fairly simple area of the law (at least it is NY). You would have to go back to the state you lived in.

And were did you hear that you would be entitled to 3 times the amount of the deposit. I have never seen that happen. I would like to know what the law student basis that equation. Is he considering treble damages?

ALM GL ch. 186, 15B (2003)

 

[Code]

KHA IS op. 2701 11qs (1246)

 

[SofaGeorge]

In most states a landlord has only 60 days in which they must present you with a WRITTEN list of deductions they are withholding from your damage deposit. If they don't send you this - they forfiet all claims to your deposit.

Send her a 7 day notice of intent to sue... then file in small claims.

The problem you will have is you need to be in small claims to argue the case... which means being back here.

 

[MarthaStewart]

In most states a landlord has only 60 days in which they must present you with a WRITTEN list of deductions they are withholding from your damage deposit. If they don't send you this - they forfiet all claims to your deposit.

Send her a 7 day notice of intent to sue... then file in small claims.

The problem you will have is you need to be in small claims to argue the case... which means being back here.

Yeah - this was in MA, and in MA they have 30 days to do what you mentioned.

The legal citation up there references the doc that goes into it all.

MA is pretty damn strict - also, after reading through a bit more of it, she broke a few more laws as well in terms of coming into our apartment without our consent, as well as bringing other people in as well without first notifying us.

I can go back to the states in order to resolve this. It is a pain in the ass - but at this point, any pain in the ass that I can put her through, the better.
She was a total bitch and an evil person - I would gladly do anything to put her in a position like that