Tuesday, February 28, 2012

We rented a little condo for a week and it required a 500$ security deposit. the manager said she mailed it and we haven';t received it. tried to contact her again ,no answer. Almost has been a month since time of rental. What is the next recourse?

TIA|||It is completely dependent on what state you are in. In a lot of states, a deposit must be returned within 30 days of move-out. For this to work out in court, you must also have given your next address to which the deposit should be mailed (usually the law on this is 7 days after move-out). If you gave notice of your next address and it is past 30 days, you can sue for up to double the deposit (keep in mind these are laws I know in Michigan).

The only slight problem I might see is that you rented a place for a week. I don't know if laws apply to anything this short-term. Also, did you sign a lease? If you did not sign a lease, this may harm you in court. However, some states let you have a oral/verbal agreement for rental. If they accepted your payment, this is a loose agreement of rent.

If you want your money back and still have not had any luck contacting the manager, then file a small claims case (use free legal advice in your county is a good idea). Make sure you have all documentation of the money exchanged, phone calls made and the condition of the condo when you moved in/out. If you sue, you have the burden of proof as the plaintiff and need to prove why they owe you money. So everything you can think of related to why you should get your $500 back is relevant in the case. Good luck and don't forget to use free legal advice, it helped me to win my case :)

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