Apartment Legal Question

Accept and I assuming they told you in the email you sent you need to fill out this form to make it official.

You are at part if not at all at fault for not signing their form and giving it to them prior to the 60 days.

I don't think it's point blank that he is at fault in any way. Clearly the company is wanting to play hardball, or just hoping he walks away.

IF the lease was vague, and he sent electronic notice, and they acknowledged it, then he certainly has some point in his favor, but the question of time, energy and cost has to be on the company's side.

I totally agree you have a case but I am just saying in the future do everything they say to the T and you can avoid headaches like this.

If they told me I had to run around the pool 4 times before sixty days to ensure I get my 400 bucks back that I need; you better believe I run 4 times around it and film it.

Anywho good luck to you!

Well, I think his point is that they didn't tell him when they sent the form, that this is the written notice we need.

If he had received an email stating: You must return this form 60 days prior to your lease end date in order to receive your security deposit. My guess is he would have. But he understood his email, and their acknowledgement of the same, as fulfilling his obligation according to the terms of the signed lease.

Well, I think his point is that they didn't tell him when they sent the form, that this is the written notice we need.

If he had received an email stating: You must return this form 60 days prior to your lease end date in order to receive your security deposit. My guess is he would have. But he understood his email, and their acknowledgement of the same, as fulfilling his obligation according to the terms of the signed lease.

Without seeing the actual email I can't assume it didn't say that.

Outside of the specifics of this issue my overall theme to him was when dealing with fawktards like Comcast, leasing companies, etc...cross all your T's and dot all your I's if you want avoid messes like this.

$400 bucks! Just move on not worth the headache. I thought we were talking a couple grand or more.

Here is a lesson when dealing with companies like this follow their rules to the T. You dropped the ball by not giving them that form fast enough so honestly shame on you.

Just recently I cancelled Comcast with in the 30 days by phone and they said you must have your equipment back ASAP. So I brought it to them that day and they gave me a receipt. Fast forward a few weeks someone calls from Comcast saying i owe $X Isaid nope her is a scanned copy of my receipt. $X removed from my file.

Here's the problem, he did follow their rules to the T. You can only follow what is expressly published. If I get a form that says input your new address, I would also wait until I had a new address. Otherwise I'm wasting everyones time. He did exactly what you did for Comcast, everything that was expressly required to fulfill his agreement. He's currently being asked for $X and he's currently saying Nope.

The company clearly had 60+ days of notice that he would be vacating the property. They were fully aware he was moving out and knew the exact date. That was provided to them, and they sent him a RECEIPT of that fact. I don't care if it's 400, 4000, or 40 bucks. That is his money because he did everything on his end. Fight the power.

Without seeing the actual email I can't assume it didn't say that.

Outside of the specifics of this issue my overall theme to him was when dealing with fawktards like Comcast, leasing companies, etc...cross all your T's and dot all your I's if you want avoid messes like this.

I disagree, because he is saying still that he didn't know that form was what was required. If their email had stated it was, they would have shown it to him, and he would have no legal basis to fight it. The fact that he wants to contest it, on the basis he didn't know that form was required, seems to make it either a) self evident that the email did not state it clearly, or b) GManc is an idiot/liar. I am giving the benefit of the doubt, in this case, to GManc.

i dont pretend to know landlord tenant law but id send a certified ltr laying out that they are unlawfully witholding and refusing to return your security deposit and if they do not return your full sec deposit within 2 weeks you will file a claim wth smnall claims or L&T and will seek three times the full amount of the sec deposit plus add'l damages you are entiteld to (int, atty fees, costs).

1) they cant withold or use your security deposit for anything other than security deposit purposes. i wouldnt think they can withhold or apply sec deposit money for rent under any circumstances.

many many landlords used to unlawfully withhold sec deposits so ppl like us just give up fighting for it bc its not worth it

2. if you gave them notice in writing (email or otherwise) and they acknowledged receipt of it = you should win in small claims if the contract does not specify what constitutes "written notice". if the contract does not contain any definitions then you apply the reasonable andnnormal meaning of "written notice" which to me means email, letter etc just nothing verbal.

either way, the co is just trying to screw you out of money hoping you wont complain bc they probably make a ton of money over ppl just forfeighting their sec deposit.

under md law you may be able to get costs and interest as well. id evcen ask teh judge for comp for tie off work going to court.

here is some helpful langugage . .
The landlord must return a tenant's security deposit plus interest, less any damages rightfully withheld, within 45 days after the tenancy ends. If the landlord fails to do this without a good reason, you may sue for up to three times the withheld amount, plus reasonable attorney's fees.

If the landlord withholds any part of your security deposit, he or she must send you a written list of damages, with a statement of what it actually cost to repair the damages, by first-class mail to your last known address within 45 days after you move out. If the landlord fails do this, he or she loses the right to withhold any part of the security deposit.

http://http://www.oag.state.md.us/Consumer/landlords.htm#deposits

Here's the problem, he did follow their rules to the T. You can only follow what is expressly published. If I get a form that says input your new address, I would also wait until I had a new address. Otherwise I'm wasting everyones time. He did exactly what you did for Comcast, everything that was expressly required to fulfill his agreement. He's currently being asked for $X and he's currently saying Nope.

The company clearly had 60+ days of notice that he would be vacating the property. They were fully aware he was moving out and knew the exact date. That was provided to them, and they sent him a RECEIPT of that fact. I don't care if it's 400, 4000, or 40 bucks. That is his money because he did everything on his end. Fight the power.

He is not wasting anyone's time giving the form without address just go back in fill it in afterwards.

I agree the leasing company is being a dick but like others have stated they are in the business of being dicks.

i dont pretend to know landlord tenant law but id send a certified ltr laying out that they are unlawfully witholding and refusing to return your security deposit and if they do not return your full sec deposit within 2 weeks you will file a claim wth smnall claims or L&T and will seek three times the full amount of the sec deposit plus add'l damages you are entiteld to (int, atty fees, costs).

1) they cant withold or use your security deposit for anything other than security deposit purposes. i wouldnt think they can withhold or apply sec deposit money for rent under any circumstances.

many many landlords used to unlawfully withhold sec deposits so ppl like us just give up fighting for it bc its not worth it

2. if you gave them notice in writing (email or otherwise) and they acknowledged receipt of it = you should win in small claims if the contract does not specify what constitutes "written notice". if the contract does not contain any definitions then you apply the reasonable andnnormal meaning of "written notice" which to me means email, letter etc just nothing verbal.

either way, the co is just trying to screw you out of money hoping you wont complain bc they probably make a ton of money over ppl just forfeighting their sec deposit.

under md law you may be able to get costs and interest as well. id evcen ask teh judge for comp for tie off work going to court.

here is some helpful langugage . .
The landlord must return a tenant's security deposit plus interest, less any damages rightfully withheld, within 45 days after the tenancy ends. If the landlord fails to do this without a good reason, you may sue for up to three times the withheld amount, plus reasonable attorney's fees.

If the landlord withholds any part of your security deposit, he or she must send you a written list of damages, with a statement of what it actually cost to repair the damages, by first-class mail to your last known address within 45 days after you move out. If the landlord fails do this, he or she loses the right to withhold any part of the security deposit.

http://http://www.oag.state.md.us/Consumer/landlords.htm#deposits



Good stuff. Thanks!

Where the hell is Joe?

Using his incisive legal mind to rebuild a porch. I just got in and sore in all sorts of unfamiliar spots.

Generally , as I recall, everything overthemountain is pretty much spot on. Gmanc, how long is the lease? If I give u my email, can you PDF it to me?

Using his incisive legal mind to rebuild a porch. I just got in and sore in all sorts of unfamiliar spots.

Generally , as I recall, everything overthemountain is pretty much spot on. Gmanc, how long is the lease? If I give u my email, can you PDF it to me?

Sure, I'll send it over if you don't mind taking a quick look. Its 12 pages.