Re: Apartment Legal Question
 

[quote=mredskins;1010973]Accept and I assuming they told you in the email you sent you need to fill out this form to make it official.

You are at part if not at all at fault for not signing their form and giving it to them prior to the 60 days.[/quote]

I don't think it's point blank that he is at fault in any way. Clearly the company is wanting to play hardball, or just hoping he walks away.

IF the lease was vague, and he sent electronic notice, and they acknowledged it, then he certainly has some point in his favor, but the question of time, energy and cost has to be on the company's side.

Re: Apartment Legal Question
 

[quote=mredskins;1010993]I totally agree you have a case but I am just saying in the future do everything they say to the T and you can avoid headaches like this.

If they told me I had to run around the pool 4 times before sixty days to ensure I get my 400 bucks back that I need; you better believe I run 4 times around it and film it.

Anywho good luck to you![/quote]

Well, I think his point is that they didn't tell him when they sent the form, that this is the written notice we need.

If he had received an email stating: You must return this form 60 days prior to your lease end date in order to receive your security deposit. My guess is he would have. But he understood his email, and their acknowledgement of the same, as fulfilling his obligation according to the terms of the signed lease.

Re: Apartment Legal Question
 

[quote=CRedskinsRule;1010999]Well, I think his point is that they didn't tell him when they sent the form, that this is the written notice we need.

[B]If he had received an email stating: You must return this form 60 days prior to your lease end date in order to receive your security deposit. My guess is he would have.[/B] But he understood his email, and their acknowledgement of the same, as fulfilling his obligation according to the terms of the signed lease.[/quote]

Without seeing the actual email I can't assume it didn't say that.

Outside of the specifics of this issue my overall theme to him was when dealing with fawktards like Comcast, leasing companies, etc...cross all your T's and dot all your I's if you want avoid messes like this.

Re: Apartment Legal Question
 

[quote=mredskins;1010970]$400 bucks! Just move on not worth the headache. I thought we were talking a couple grand or more.

Here is a lesson when dealing with companies like this follow their rules to the T. You dropped the ball by not giving them that form fast enough so honestly shame on you.

Just recently I cancelled Comcast with in the 30 days by phone and they said you must have your equipment back ASAP. So I brought it to them that day and they gave me a receipt. Fast forward a few weeks someone calls from Comcast saying i owe $X Isaid nope her is a scanned copy of my receipt. $X removed from my file.[/quote]

Here's the problem, he did follow their rules to the T. You can only follow what is expressly published. If I get a form that says input your new address, I would also wait until I had a new address. Otherwise I'm wasting everyones time. He did exactly what you did for Comcast, everything that was expressly required to fulfill his agreement. He's currently being asked for $X and he's currently saying Nope.

The company clearly had 60+ days of notice that he would be vacating the property. They were fully aware he was moving out and knew the exact date. That was provided to them, and they sent him a RECEIPT of that fact. I don't care if it's 400, 4000, or 40 bucks. That is his money because he did everything on his end. Fight the power.

Re: Apartment Legal Question
 

[quote=mredskins;1011000][B]Without seeing the actual email I can't assume it didn't say that. [/B]

Outside of the specifics of this issue my overall theme to him was when dealing with fawktards like Comcast, leasing companies, etc...cross all your T's and dot all your I's if you want avoid messes like this.[/quote]

I disagree, because he is saying still that he didn't know that form was what was required. If their email had stated it was, they would have shown it to him, and he would have no legal basis to fight it. The fact that he wants to contest it, on the basis he didn't know that form was required, seems to make it either a) self evident that the email did not state it clearly, or b) GManc is an idiot/liar. I am giving the benefit of the doubt, in this case, to GManc.

Re: Apartment Legal Question
 

i dont pretend to know landlord tenant law but id send a certified ltr laying out that they are unlawfully witholding and refusing to return your security deposit and if they do not return your full sec deposit within 2 weeks you will file a claim wth smnall claims or L&T and will seek three times the full amount of the sec deposit plus add'l damages you are entiteld to (int, atty fees, costs).

1) they cant withold or use your security deposit for anything other than security deposit purposes. i wouldnt think they can withhold or apply sec deposit money for rent under any circumstances.

many many landlords used to unlawfully withhold sec deposits so ppl like us just give up fighting for it bc its not worth it

2. if you gave them notice in writing (email or otherwise) and they acknowledged receipt of it = you should win in small claims if the contract does not specify what constitutes "written notice". if the contract does not contain any definitions then you apply the reasonable andnnormal meaning of "written notice" which to me means email, letter etc just nothing verbal.

either way, the co is just trying to screw you out of money hoping you wont complain bc they probably make a ton of money over ppl just forfeighting their sec deposit.

under md law you may be able to get costs and interest as well. id evcen ask teh judge for comp for tie off work going to court.

here is some helpful langugage . .
The landlord must return a tenant's security deposit plus interest, less any damages rightfully withheld, within 45 days after the tenancy ends. [B]If the landlord fails to do this without a good reason, you may sue for up to three times the withheld amount, plus reasonable attorney's fees.[/B]

If the landlord withholds any part of your security deposit, he or she must send you a written list of damages, with a statement of what it actually cost to repair the damages, by first-class mail to your last known address within 45 days after you move out. [B]If the landlord fails do this, he or she loses the right to withhold any part of the security deposit[/B].

[URL]http://http://www.oag.state.md.us/Consumer/landlords.htm#deposits[/URL]

Re: Apartment Legal Question
 

[quote=Daseal;1011001]Here's the problem, he did follow their rules to the T. You can only follow what is expressly published. If I get a form that says input your new address, I would also wait until I had a new address. Otherwise I'm wasting everyones time. He did exactly what you did for Comcast, everything that was expressly required to fulfill his agreement. He's currently being asked for $X and he's currently saying Nope.

The company clearly had 60+ days of notice that he would be vacating the property. They were fully aware he was moving out and knew the exact date. That was provided to them, and they sent him a RECEIPT of that fact. I don't care if it's 400, 4000, or 40 bucks. That is his money because he did everything on his end. Fight the power.[/quote]

He is not wasting anyone's time giving the form without address just go back in fill it in afterwards.

I agree the leasing company is being a dick but like others have stated they are in the business of being dicks.

Re: Apartment Legal Question
 

[quote=over the mountain;1011009]i dont pretend to know landlord tenant law but id send a certified ltr laying out that they are unlawfully witholding and refusing to return your security deposit and if they do not return your full sec deposit within 2 weeks you will file a claim wth smnall claims or L&T and will seek three times the full amount of the sec deposit plus add'l damages you are entiteld to (int, atty fees, costs).

1) they cant withold or use your security deposit for anything other than security deposit purposes. i wouldnt think they can withhold or apply sec deposit money for rent under any circumstances.

many many landlords used to unlawfully withhold sec deposits so ppl like us just give up fighting for it bc its not worth it

2. if you gave them notice in writing (email or otherwise) and they acknowledged receipt of it = you should win in small claims if the contract does not specify what constitutes "written notice". if the contract does not contain any definitions then you apply the reasonable andnnormal meaning of "written notice" which to me means email, letter etc just nothing verbal.

either way, the co is just trying to screw you out of money hoping you wont complain bc they probably make a ton of money over ppl just forfeighting their sec deposit.

under md law you may be able to get costs and interest as well. id evcen ask teh judge for comp for tie off work going to court.

here is some helpful langugage . .
The landlord must return a tenant's security deposit plus interest, less any damages rightfully withheld, within 45 days after the tenancy ends. [B]If the landlord fails to do this without a good reason, you may sue for up to three times the withheld amount, plus reasonable attorney's fees.[/B]

If the landlord withholds any part of your security deposit, he or she must send you a written list of damages, with a statement of what it actually cost to repair the damages, by first-class mail to your last known address within 45 days after you move out. [B]If the landlord fails do this, he or she loses the right to withhold any part of the security deposit[/B].

[URL]http://http://www.oag.state.md.us/Consumer/landlords.htm#deposits[/URL][/quote]



Good stuff. Thanks!

[QUOTE=FRPLG;1010981]
Where the hell is Joe?[/QUOTE]

Using his incisive legal mind to rebuild a porch. I just got in and sore in all sorts of unfamiliar spots.

Generally , as I recall, everything overthemountain is pretty much spot on. Gmanc, how long is the lease? If I give u my email, can you PDF it to me?

Re: Apartment Legal Question
 

[quote=JoeRedskin;1011042]Using his incisive legal mind to rebuild a porch. I just got in and sore in all sorts of unfamiliar spots.

Generally , as I recall, everything overthemountain is pretty much spot on. Gmanc, how long is the lease? If I give u my email, can you PDF it to me?[/quote]

Sure, I'll send it over if you don't mind taking a quick look. Its 12 pages.

Re: Apartment Legal Question
 

When did $400 become not enough money to worry about. If your make 150g a year its a days pay. If you make 75 g its around two days work. I guess some here must make 500 g's to not worry about $400. Even if that's the case do you really want some little prick taken you for $400 because they want to twist the rules to fit their rip off. I'd be such a pain in their ass calling over and over again until they give you $600 just to leave them the hell alone. Take them to small claims court and make them pay for a lawyer and waste their time and money. I rent property and all they are doing it trying to take advantage of you.

I had this happen to me but I wanted to stay and they wanted my spot. I refused to leave and took them to court. Court ruled in my favor and gave me the extended year I needed.

Re: Apartment Legal Question
 

[quote=firstdown;1011170]When did $400 become not enough money to worry about. If your make 150g a year its a days pay. If you make 75 g its around two days work. I guess some here must make 500 g's to not worry about $400. Even if that's the case do you really want some little prick taken you for $400 because they want to twist the rules to fit their rip off. I'd be such a pain in their ass calling over and over again until they give you $600 just to leave them the hell alone. Take them to small claims court and make them pay for a lawyer and waste their time and money. I rent property and all they are doing it trying to take advantage of you.

I had this happen to me but I wanted to stay and they wanted my spot. I refused to leave and took them to court. Court ruled in my favor and gave me the extended year I needed.[/quote]

Thanks. She just emailed me back stating she checked with her "legal team" (no names) and that the lease is right, and I'm basically SOL.

So I am filing a complaint with the Montgomery County Department of Housing and Community Affairs, and they'll have someone investigate my complaint.

I mean I'm thinking the long run, I'm going to wind up getting stuck, but I'm going to fight it til the bitter end as long as it does not cost me additional money.

Re: Apartment Legal Question
 

I'm sure she had a legal team just sitting around waiting for her call and it probably went more like this. Hey boss there is some jerk on the phone and expects his deposit back. Boss, tell him you talked to your legal department and they said to go F himslef. Boss: Ok don't tell him in those words but you know we don't give back deposits.