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#3406309 - 10/17/13 09:19 AM Need some legal advice about security deposits.
nate17
8 Point


Registered: 08/06/09
Posts: 1235
Loc: Missouri

Offline
Ill try and keep it brief here,

I recently moved and have still yet to recieve my security deposit back. According to the terms on my lease they are over a month late now. When i moved out, my place was inspected and i was given the thumbs up.

Since moving, a new manager has taken over and it seems my security deposit paperwork was lost in the shuffle. Ive talked to the new manager, he talked like it would be no problem and that several others paperwork was lost. Ive since talked to the manager probably 4 more times inquiring about why i still havent recieved my deposit and he finally put me directly in touch with the finance person.

I spoke with a lady in the office and left a message on saturday. I called and left a voicemail on monday. I called and no answer on tues, wed, and thur.

Im getting pretty frustrated and wondering what my options are at this point. Thanks.


Edited by nate17 (10/17/13 09:20 AM)

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#3406314 - 10/17/13 09:22 AM Re: Need some legal advice about security deposits. [Re: nate17]
huntinkev
8 Point


Registered: 11/23/06
Posts: 1462
Loc: East Tenn

Offline
If it was me and I still lived in the area I would go see them face to face and get my check while I was there.
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#3406317 - 10/17/13 09:22 AM Re: Need some legal advice about security deposits. [Re: nate17]
Unicam Administrator
Grumpaw
16 Point


Registered: 12/13/00
Posts: 19345
Loc: Dallas, GA. & Cookeville, TN

Offline
Go there in person! Sounds like you are getting the runaround.
_________________________
"Gun Free Zones are for VICTIMS!"

John 15:13

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#3406318 - 10/17/13 09:23 AM Re: Need some legal advice about security deposits. [Re: Unicam]
nate17
8 Point


Registered: 08/06/09
Posts: 1235
Loc: Missouri

Offline
Yea i dont live in the area anymore or i would have already been there.
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#3406322 - 10/17/13 09:26 AM Re: Need some legal advice about security deposits. [Re: nate17]
Bottom Hunter
16 Point


Registered: 12/29/06
Posts: 16316
Loc: Hatchie Bottoms

Offline
my advice would be..."do not seek legal advice here"...lol.

good luck!!
_________________________
There are some people who always seem angry and continuously look for conflict.

Walk away; the battle they are fighting is not with you, but with themselves.

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#3406330 - 10/17/13 09:30 AM Re: Need some legal advice about security deposits. [Re: nate17]
Unicam Administrator
Grumpaw
16 Point


Registered: 12/13/00
Posts: 19345
Loc: Dallas, GA. & Cookeville, TN

Offline
Here is some info for you.

If the landlord still does not return the tenantís deposit, the tenant may take the landlord to small claims (Magistrate or Metropolitan) Court and sue for the deposit. The judge should order the landlord who has not complied with the law on sending the deposit or the list of deductions within thirty 30 days after the tenant moved out, to turn over the full deposit and pay the tenant's court costs and attorney fees. In a lawsuit for the return of the tenant's deposit, the landlord who has not complied with the law cannot claim any damages against the tenant in a counterclaim. If the judge finds that the landlord kept all or part of the deposit in bad faith (not just by mistake), the judge must award the tenant an additional $250 civil penalty. For more information on how to bring a lawsuit for the tenant deposit, see Chapter 16 on "Going to Court."
_________________________
"Gun Free Zones are for VICTIMS!"

John 15:13

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#3406332 - 10/17/13 09:31 AM Re: Need some legal advice about security deposits. [Re: Unicam]
Unicam Administrator
Grumpaw
16 Point


Registered: 12/13/00
Posts: 19345
Loc: Dallas, GA. & Cookeville, TN

Offline
I bet even the suggestion of taking it to small claims will get them moving...
_________________________
"Gun Free Zones are for VICTIMS!"

John 15:13

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#3406335 - 10/17/13 09:32 AM Re: Need some legal advice about security deposits. [Re: nate17]
Kingston
8 Point


Registered: 04/24/12
Posts: 2032
Loc: Blue Ridge Mtns

Offline
Send a registered letter and ask for a reply within a certain time frame. If not satisfied then file in small claims court and add those costs.
Most rental agencies look at security deposits as additional profits.
_________________________
Please DON'T tell Obama what comes after a Trillion!!!

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#3406339 - 10/17/13 09:34 AM Re: Need some legal advice about security deposits. [Re: Unicam]
nate17
8 Point


Registered: 08/06/09
Posts: 1235
Loc: Missouri

Offline
 Originally Posted By: Unicam
Here is some info for you.

If the landlord still does not return the tenantís deposit, the tenant may take the landlord to small claims (Magistrate or Metropolitan) Court and sue for the deposit. The judge should order the landlord who has not complied with the law on sending the deposit or the list of deductions within thirty 30 days after the tenant moved out, to turn over the full deposit and pay the tenant's court costs and attorney fees. In a lawsuit for the return of the tenant's deposit, the landlord who has not complied with the law cannot claim any damages against the tenant in a counterclaim. If the judge finds that the landlord kept all or part of the deposit in bad faith (not just by mistake), the judge must award the tenant an additional $250 civil penalty. For more information on how to bring a lawsuit for the tenant deposit, see Chapter 16 on "Going to Court."



Thats what im lookin for! Is there a dollar limit for small claims?

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#3406352 - 10/17/13 09:37 AM Re: Need some legal advice about security deposits. [Re: nate17]
Unicam Administrator
Grumpaw
16 Point


Registered: 12/13/00
Posts: 19345
Loc: Dallas, GA. & Cookeville, TN

Offline
 Originally Posted By: nate17
 Originally Posted By: Unicam
Here is some info for you.

If the landlord still does not return the tenantís deposit, the tenant may take the landlord to small claims (Magistrate or Metropolitan) Court and sue for the deposit. The judge should order the landlord who has not complied with the law on sending the deposit or the list of deductions within thirty 30 days after the tenant moved out, to turn over the full deposit and pay the tenant's court costs and attorney fees. In a lawsuit for the return of the tenant's deposit, the landlord who has not complied with the law cannot claim any damages against the tenant in a counterclaim. If the judge finds that the landlord kept all or part of the deposit in bad faith (not just by mistake), the judge must award the tenant an additional $250 civil penalty. For more information on how to bring a lawsuit for the tenant deposit, see Chapter 16 on "Going to Court."



Thats what im lookin for! Is there a dollar limit for small claims?


I would look up TN code and go from there. Or call the local magistrate for the info. Another way to do it is search courthouse records for how to do it properly on previously filed suits. Its all public record.
_________________________
"Gun Free Zones are for VICTIMS!"

John 15:13

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