Damn my old apartment complex!

BigSmooth

Lifer
Aug 18, 2000
10,484
12
81
My gf and I moved out of our old apartment at the end of August and have still not received any refund on our security deposits (total of $400). Our dog had caused some minor damage but we were expecting a check, so my gf calls them up and gets forwarded to the property management company.
The lady there tells her that we won't be receiving a check because her computer shows that we owe them money. WTH?

So I call the management at the complex and they say that we were charged a month's rent ($850) because we did not give them 30-day notice. Uh, YES WE DID, you asshats. I typed up a letter, my gf and I both signed it, and then I put it in an envelope with our August rent which we dropped off at the office's mail slot on July 31st. I remember writing on the outside of the envelope "Rent and Notice of Intent to Vacate". The check was cashed so I know they received the envelope. Either someone didn't see the notice in the envelope and threw it away or they're just incompetent and can't find it. :frown:

The problem now is that I have no way of proving it was in there. I saved a copy of the letter but that doesn't do me much good. The manager tells me she will "research" it and get back to me. That was a couple of days ago, and I haven't heard from her yet.

What pisses me off is that we paid our rent every single month on time, made arrangements for inspections, a time to drop off keys etc. long before we moved out and left the apartment very clean. We are not the type of people who would simply forget to give our notice. Plus, no one bothered to notify us that we were being charged, we only found out when WE called THEM. :| Bah, I wish I could buy a house already.
 

BigSmooth

Lifer
Aug 18, 2000
10,484
12
81
Originally posted by: AlienCraft
Did you possibly notate "Final Rent" or similar on the check?
I don't think so, I could check my register. Whether they keep my security deposit or not, there is no way I'm paying them for that extra month. Hopefully they'll be reasonable about it.
 

StageLeft

No Lifer
Sep 29, 2000
70,150
5
0
Sucks man. I'm not surprised AT ALL that they waited for you to call them. As with much of the world people in positions like they are in just do not care to inform you of this in a timely manner.

I mistrusted my apt complex when we left at the end of july and so when I wrote them the notice that I was intending to leave I had them photocopy it and initial it just so I could prove it. That's no good to you (maybe somebody else reading this), but good luck...
 

illustri

Golden Member
Mar 14, 2001
1,490
0
0
yea apt complexes try to screw you over because they can get away with it

my friends and I moved out of a place this summer, not only did we not get our 500 deposit they have the galls to charge us 500 MORE for "carpet cleaning" -- we already spend 100 having all of it professionally cleaned, futhermore it wouldnt cost 500 for NEW carpets

they are so sheisty

luckily a roomate's father is a good lawyer and hes gonna take it up with them

i swear its just a lowball attempt, they figure when they call off the "extra" charge you'll just be glad to be done and not go after your deposit anymore

just a fscked up way to keep your deposit and gouge you
 

Yossarian

Lifer
Dec 26, 2000
18,010
1
81
Originally posted by: BigSmooth
Originally posted by: AlienCraft
Did you possibly notate "Final Rent" or similar on the check?
I don't think so, I could check my register. Whether they keep my security deposit or not, there is no way I'm paying them for that extra month. Hopefully they'll be reasonable about it.

They may sue you for it, in which case the burden of proof will be on you to prove that you notified them.
 

TMPadmin

Golden Member
Jul 23, 2001
1,886
0
0
They are fully within their legal right to charge you. A notice to vacate should be signed by both parties. *NO QUESTIONS, NO CONFLICTING STORIES. * I also have a witness sign to be completely sure. When I gave my last notice to vacate (I being the landlord) I gave them 45 days notice. NY state law requires 30. If I would have dropped a letter in their mailbox on the night of August 31st and they opened it on the 1st of September (everyone being honest) they wouldn't legally have to vacate until October 31st.

Some landlords will not work with you many will. Talk to them politely, don?t go throwing your weight around because you cannot legally win this one.

Best of luck, I do hope you can resolve this to your favor.

<edit> That bit about ?final rent? on you check means absolutely nothing. When I bought my house I put "pile of dirt", when I bought my car I put "hwy robbery". The only thing the check proves is that you paid them X money.
 

AlienCraft

Lifer
Nov 23, 2002
10,539
0
0
Originally posted by: illustri
yea apt complexes try to screw you over because they can get away with it

my friends and I moved out of a place this summer, not only did we not get our 500 deposit they have the galls to charge us 500 MORE for "carpet cleaning" -- we already spend 100 having all of it professionally cleaned, futhermore it wouldnt cost 500 for NEW carpets

they are so sheisty

luckily a roomate's father is a good lawyer and hes gonna take it up with them

i swear its just a lowball attempt, they figure when they call off the "extra" charge you'll just be glad to be done and not go after your deposit anymore

just a fscked up way to keep your deposit and gouge you

That deserves a small claims court intervention.
They also prey on students , because they know you will be moving away and not likely to contest it / sue in Small Claims court.
Get your receipt from the cleaning service or rental and sue the bastards. Also go in with an estimate to REPLACE the carpets to further assert "bad faith", if it is in fact less to replace.
Any wonder landlords / manglement companies have a bad rep?
 

crt1530

Diamond Member
Apr 15, 2001
3,194
0
0
I had the same situation recently. This is a very popular scam for landlords and management companies. It took me two weeks and twenty phone calls to get my $150 security deposit back. I was polite and remained calm at all times (it was difficult). Try to talk to them. Hopefully you have a copy of your letter of intent to vacate or it's still on your computer. If they don't work with you, and you have done all your due diligence and have all pertinent documentation, take them to small claims court. No lawyers are allowed, just you and them in front of a judge.
 

BigSmooth

Lifer
Aug 18, 2000
10,484
12
81
I doubt this will come to a lawsuit (at least I hope it doesn't), we really have had no problems with them before. It's a very large apt. complex so it's possible it got lost in the shuffle. I realize that I would probably lose a lawsuit anyway since the burden of proof would be on me.

They did send us a notice in June stating that we needed to sign a new lease or give them notice. I should have thought of having them sign a copy of the letter as well, but I've never had any problems moving out before.
i swear its just a lowball attempt, they figure when they call off the "extra" charge you'll just be glad to be done and not go after your deposit anymore
That's kind of what I'm worried about. :(