How long would you wait for your landlord to return your SD?

[Nutdotnet]

I moved out Dec. 1st, gave proper notice and all that good stuff.

Waited a month, didn't receive my Security Deposit. Called, left message, no return phone-call (landlord has been known to do this, she's flaky).

I figure, heck, before I move any further I might as well wait until the holidays are over. January 3rd, I send a certified letter, politley asking if she mailed the SD. In the letter I "reminded" her of the Alaska Statute concerning Security Deposits (must be returned within 14 days of vacancy). Received a confirmation of her receiving the 10th (she signed it on the 7th).

It's now the 19th and still haven't heard anything from her, no call, no letter, etc...she was a great landlord, and if some unforseen circumstances occured and she didn't have the funds to repay or whatever I'd be fine with that. It IS $1,000 so I would like it sooner then later.

Should I send another certified letter later this month, early next month if I haven't received the SD or an Itemized List of Deductions + SD? Should I threaten her with the statute that I can seek to recover twice the amount of the security deposit? I'm really confused.

Cliff notes-
Properly moved out Dec 1.
Alaska Statute states Landlord has 14 days to return SD
Sent Landlord certified letter on Jan 3 reminding her of said Statute
As of today, Jan. 19, still no SD or Itemized list of Deductions + Reduced SD

 

[Injury]

First off, I would check if the laws require that they asses the deductions of the deposit in a certain time. If there is a law for that, then chances are she is well past it. Which is good, because if she hasn't notified you yet, you should get the entire 1k back.

Second, I would pay her a visit in person and find out what's going on face to face. It's kind of hard for people to be flaky when you're standing right there.

Third, if you can't get in touch with her, file a court claim. $1000 may be over the limit for small claims... I'm not sure. You may have to pay a small filing charge, then some small court costs. If she doesn't show up to the court date, you automatically win. Your money will be retreived for you, she'll get stuck with the court costs, and you are only out the filling charges. It varies from state to state though, so bone up on it for your state laws.

BTW: direct answer to the question in thread title: Not as long as you have!

 

[FoBoT]

it should be spelledout in your lease
if it isn't you signed a crappy lease

good luck on that, landlords suck baboon balls (well, not all of them)

 

[seanws]

time for small claims then i would think. ive never had a problem getting my security deposit back.

 

[FoBoT]

take him to small claims/magistrates court and show your paper work to the judge and you'll get a judgement against him

then you have to try and collect on the judgement, that usually means finding where he works or finding his bank

you show them the judgement and they'll garnish his wages or something

good luck on that

 

[Nutdotnet]

Originally posted by: FoBoT
it should be spelledout in your lease
if it isn't you signed a crappy lease

good luck on that, landlords suck baboon balls (well, not all of them)

YEAH...it was a crappy lease. It was one of those "cookie-cutter" leases. Like I said, the landlord was great, and I'd hate to take her to small claims, but I'll do it if I have to, $1000 is a lot of scratch. It is SO difficult to get a hold of her, that's why I sent a certified letter.

However, this is from the Alaska Uniform Landlord and Tenant Act

The accrued rent and damages must be itemized by the landlord in a written notice mailed to the tenant's last known address within the time limit prescribed by (g) of this section, together with the amount due the tenant.

AND

If the landlord or tenant gives notice that complies with AS 34.03.290, the landlord shall mail the written notice and refund required by (b) of this section within 14 days after the tenancy is terminated and possession is delivered by the tenant.

AND

If the landlord wilfully fails to comply with (b) of this section, the tenant may recover an amount not to exceed twice the actual amount withheld.

I'm sure there where a few deductions, but c'mon now, it's been well over the specified time period. Small claims is around $100 for up to $5,000...

 

[Ranger X]

I had the most dishonest landlord ever. We got our deposit back after 3-4 weeks and the landlord took out money for professional cleaning and shampooing. I asked for the receipts and the landlord never got back to me. The cheap bastards did the work themselves and charged us for the 'professional' work that never occured. I was ready to take them to small claims to get all the money back but none of my spineless roommates stood by me.

Anyway, just threaten to take your landlord to small claims and that'll get the ball rolling. Landlords sometimes forget that security deposits aren't theirs to keep.

 

[Nutdotnet]

Originally posted by: Ranger X
I had the most dishonest landlord ever. We got our deposit back after 3-4 weeks and the landlord took out money for professional cleaning and shampooing. I asked for the receipts and the landlord never got back to me. The cheap bastards did the work themselves and charged us for the 'professional' work that never occured. I was ready to take them to small claims to get all the money back but none of my spineless roommates stood by me.

Anyway, just threaten to take your landlord to small claims and that'll get the ball rolling. Landlords sometimes forget that security deposits aren't theirs to keep.

That sucks. In Alaska, a landlord cannot take $$$ out of the SD for carpet cleaning. "Dirty carpets" = normal wear and tear. However, damaged carpets is a different story.

 

[MrDingleDangle]

CA is the best, if its not returned in 30 days, then you get your security deposit plus 2X the deposit. (if it was $600, then you get $1800 back)

although then u start hoping they dont return it...last time my landlord returned it 28 days after i moved out