how to get my rental security deposit back?

[billwagnon]

I was renting a house from a rental management company. Two years in, the bank that lent them the money for the house sent me a notice of rent assignment so I started paying the bank. The bank told me later that the rental company had made no payments on the interest-only mortgage.

In October the bank foreclosed and I bought the house from the bank in January. I asked the bank about getting my security deposit back and they said that was between me and the rental company.

The rental company is still in business but they are in a lot of complaints online for having rental properties foreclosed leaving the tenants without a house.

I talked to the rental company and one woman there said she was issuing instructions to pay me out my $775, and from there it would be up to bookkeeping. I followed up with bookkeeping and was told it was up to this Catherine woman, who will not return my calls. I keep calling, and calling....

I met all the terms of the lease, my rent was always on time. I considered small claims court but I think there is no enforcement provision.

Is there any leverage I can apply to get my security deposit back?

[GH85Carrera]

I suspect you will never see that money. Just be happy you are now making mortgage payments not rent. Consider that security payment the money you would have had to spend on moving. Hopefully you got a good deal buying it from the bank.

[krystar]

well u still have your lease agreement with security deposit rider. considering that the lease contract is terminated now...i don't see why it wouldn't be enforceable by small claims.

[porsche4life]

It's enforceable by ballbat for sure...


You know, just tossing out options

[stomachmonkey]

I would stop calling and start showing at their offices.

If no check then small claims.

[Evans, Marv]

It looks like they don't intend to pay you or probably anybody else they owe money to under these circumstances. I'd pass go and proceed directly to small claims court after sending them a registered letter demanding the deposit return as specified in the contract. A court judgement can cause them problems down the line if they don't settle. Did you document your converations with them?

[911pcars]

Sometimes it's not easy retrieving money owed in a small claims settlement, but doable if you don't lose interest. Check out the system in your state.

Best wishes,
Sherwood

[asphaltgambler]

Most states have laws governing the maximum time of deposit return. I had to threaten my last landlord that he was in violation of that time and will file. He did pay up finally, but not entirely. We left the place much better shape than when we left. His claim of some damage, although not specific was the reason. He was a former attorney BTW, that was disbarred. POS

[Gogar]

+1 if they have an office in town where "Catherine" works,

take a drive over there and ask to see her.

Be very cool and friendly, no funny business.

[Hugh R]

Small claims get Sheriff to collect, if no pay, he can seize and auction for the judgment.

[billwagnon]

They have an office here if I had the time I could stop in every day. If I could just get a call back I would feel like I was getting somewhere.

Catherine hasn't responded to my friend request on Facebook either.

[Gogar]

Originally Posted by billwagnon

They have an office here if I had the time I could stop in every day.

Well, if it's worth $750 to you to go over there, then go over there.

[Eric Coffey]

This sounds like the kind of story the local media would eat up, especially if you can find any of the other complainants. I'd present it to all local news stations that have "investigative reporting" departments ("channel 5 on your side" etc.) and see if you can get any traction.

[wreckersteve]

Go with flowers and pretend to be making a delivery.

[RWebb]

nice!

yes, small claims court -- what do you mean "no enforcement provision"?

you might get double your $$ back as a penalty - most states & many cities have help for tenants (as they often get screwed) - try to find the agency that does this

of course, MO is not known as big on consumer protection, but see what they can do to advise or help you

[Scooter]

Read up on landlord-tenant law for Missouri at the Attorney General's website here: Landlord-Tenant Law: The rights and responsibilities of landlords and tenants :: General obligations of tenants and landlords.

If the landlord does not refund the deposit within 30 days, you are entitled to twice the deposit as a penalty.

[desertt5]

Originally Posted by wreckersteve

Go with flowers and pretend to be making a delivery.

I like that idea.

[Joeaksa]

Originally Posted by Eric Coffey

This sounds like the kind of story the local media would eat up, especially if you can find any of the other complainants. I'd present it to all local news stations that have "investigative reporting" departments ("channel 5 on your side" etc.) and see if you can get any traction.

I did that here in town and it worked well. Within a day or two the legislators and city offices were stopping by the house we had complained about. We had been dealing with a problem for almost 11 years and once we got the news media involved it was less than two weeks before things started to happen.

[WolfeMacleod]

I'm probably going to have to fight to get my deposit back, too. the landlord has implied that I probably will not get it back, despite my not having caused any damage. Any damage to the house has been caused by deterioration and piss-poor workmanship on the remodel (such as poorly cut doors that have "shaved" the carpet for the last two years...)

[911pcars]

I'd contact Javier Bardem and send him (with hair styled accordingly) to contact your landlord.


Sherwood