Urgent! I need help quick.

[cssmall]

For those of you that read my eariler thread, I contacted my former landlord again and told her of the complaint I levied against her with the BBB. She informed me that if I did not retract the complaint then she would attempt to collect more money against me. (This is important because she is trying to refinance her apartments). What can I do here? Secondly, I need to know what normal wear and tear means.

[KitchenWitch]

1. I would be contacting a general practice attorney if I were you

Did you happen to take photographs of the apartment before you moved in and after you moved out?

From what it sounds like to me, she does not have a legal leg to stand on, as she did not fulfill the money or in writing thing in the alloted time window. She is attempting extortion, and is perhaps in a lot of trouble. I would also find out who they are refinancing with, and write them a letter about the problem...it could make it difficult for them to get good terms with the finance company.

[cssmall]

3. So does the BBB letter.

[KitchenWitch]

4. True, but if you wrote them directly

in addition to the BBB letter, it would be really bad for them.

[cssmall]

6. I don't know the refi company, but

the question is: should I press charges against her for attempted extortion? I do not take lightly to being strong armed against my fucking rights.

[KitchenWitch]

7. I would at the very least explore pressing extortion charges

Sounds to me like you have a case (but I am not a lawyer.)

[eyesroll]

2. You may wanna contact a housing lawyer.

She's in the wrong (if I'm remembering your earlier thread -- she's way past the deadline) and she knows it.

"Normal wear and tear" is, unfortunately, in the eye of the beholder. In my old apartment, they said paint should last for three years (i.e. a few scuffs here and there, but if they need to repaint or repair a hole, it'll come out of your deposit) . Carpet can have some evidence of foot traffic, matting, dirt etc., but major tears, burns, stains, etc. are a no-no. Some fading of the grout, but no massive mildew stains. That sort of thing. The fridge and oven should be spotless, though, unless there was some indelible stain there when you got there.

[Dora]

5. She owes you your depost back - in the eyes of the law.

I read your earlier thread, then a yahoo search led me here: http://www.ag.state.ar.us/consumer/ltenant.html

-snip-

A security deposit law gives tenants added protection when leasing a residential dwelling. This law applies only to landlords who rent six or more dwellings and contains the following provisions:

If you are required to pay a security deposit, you cannot be charged in excess of two months rent. For example, if your rent is $200 a month, a landlord cannot require a security deposit of more than $400.

When you move, the landlord must return your security deposit within 30 days. The landlord may, however, deduct from the security deposit any damages made to the dwelling or any past due rent.

If the landlord deducts from your security deposit an amount to cover damages or unpaid rent, he must give you a written, itemized list of the charges withheld within 30 days of the time you vacate.

A landlord may withhold the entire amount of the security deposit for damages or unpaid rent. He must give you a written, itemized list of the charges withheld within thirty (30) days of the time you vacate.

-/snip-

It seems pretty clear cut that your landlord lost her right to claim your security deposit when she failed to notify you within 30 days. DON'T LET HER BULLY YOU!!!

added on edit: Play the game her way - hard. Tell her you've waited long enough, and that you'll be calling the state attorney general's office if she doesn't refund your deposit within five business days. And then do it.

[radwriter0555]

10. Actually a small claims judgement against her personally will be far more

harmful, since it stays on HER credit report for years....

[gardenista]

11. thas right!

That was my line of thinking, too.

[Texasgal]

8. Look.. you're going to need PROOF that you have tried

to get your deposit back.

Keep a log and document everytime you have spoken with her, Times, dates, nature of conversation.

Send a CERTIFIED letter stating your positon. Demand your deposit within a certain amount of days. ( I would say 5 business days would suffice )

If she fails to reimburse you, get an attorney.

[cssmall]

9. Got that ready to go.

Thanks for the advice!

[gardenista]

12. good luck!