Sunday, December 4, 2011

Security Deposit question ?

As a tenant, do I have the right to ask about the balance of the security deposit that was put into an account by my landlord when I moved in? A few days ago, my landlord asked for my signature on a bank document bc the passbook to the security deposit account was destroyed when his basement flooded, and he needed to apply for a new one. I signed it, but he did not provide me with a copy. He also called later that day to ask that I not speak to his wife about the account, he thought she might be calling me about it, and in his words he told me to "please blow off her call".


This set off a red flag, and its not the first one with him. He has been unemployed for some time, and has asked for rent a week early twice and once asked to borrow $30 for gas, each time asking me not to tell his wife.


This morning I called to bank to ask if they could tell me what I signed as well as the balance. I was swiftly transferred to a manager who seemed alarmed at my call. She interrogated me...am I thinking of moving was the question she kept repeating. I said no, I just wanted to know what I signed %26amp; if the account was intact. She said she'd have to call my landlord to tell him I'm asking these questions. Not what I wanted. Once I explained a little further about some of my concerns, she began to understand. She did confirm the document I signed was for a replacement passbook. She then asked what I thought was the balance, so I told her, %26amp; instead of confirming, all she said was, " I see.". By this point, I'm really asking her not to call my landlord, as I do not want this to be an awkward situation, I'm only trying to make sure my deposit is OK, and i dont want him to think Ive gone behind his back. I never would've called the bank had I known they might call him. She finally agreed, but asked that I call him directly, and then call her back and let her know what he tells me. She insisted I call her back. What should I have done here? Im only looking out for my deposit.|||state laws may vary about that, so you'd have to check the laws in the state in which you reside, but the odds are your LL should provide that information (and the bank should not).





It seems your LL is using your security deposit, but that doesn't mean you are losing it. It becomes due to be returned to you at the end of your lease (minus damages etc). It might be a pain to get it back.





In california:


What if the landlord doesn't provide a full refund, or a statement of deductions and a refund of amounts not deducted, by the end of the 21-day period as required by law? According to a California Supreme Court decision, the landlord loses the right to keep any of the security deposit and must return the entire deposit to you.





a friend of mine went through this in Oregon. His LL had spend the security deposit so she couldn't pay it back. Eventually he got tired of her excuses/hanging up the phone when he called, and he went to small claims court, got awarded the full refund + costs + penalty.|||Living there you have interesting rights wrt security deposits ... Really spend some time on them, knowing your rights is worth it.





http://www.rentlaw.com/dep/mas鈥?/a>


The Massachusetts landlord must pay interest on both the security deposit and the last month鈥檚 rent.

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|||He is supposed to put it into an account until you move. You really do not have a problem until you actually move. His finances are his business.

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