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[Legal Advice] Former Apartment Office Won't Return Security Deposit

Discussion in 'BBS Hangout' started by El Toro, Sep 4, 2007.

  1. El Toro

    El Toro Member

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    hey guys. i'm posting my dilemma with my old apartment office on this board in the hopes one of you works in or knows about the legal aspect of it all and can advise me on how to proceed with this. sorry about the length of it all; part of it is venting and runs long at times :(

    i moved out of my apartment complex (Water Song Apartments near Westheimer and Kirkwood) on June 9th, 2007 and just before my move-out I met with management and was told I would receive by security deposit within 30 days. i left my forwarding address so they would be able to mail a check for any amount i'd get back. fast-forward to the middle of july (more than 30 days have passed since my move out) where i call up the office and am given some new info:

    1. the management company that used to be in charge of the property left on June 9th and was replaced by new management
    2. the new office staff would look through my file and determine where my check is

    no big deal at this point. i figure it's a coincidence that new management took over the day i moved out and let them sort out the situation. i check back about a week later and the new manager tells me I am owed all of my security deposit and the check is with the corporate management office. again, no great concern even though there's a delay in the whole thing. i figure more than anything it's a poor bookkeeping issue.

    after not hearing from them through the end of July, i started calling them again and more frequently. i have spent all of august calling them several times a week and not once have they transferred me to the manager. the excuses i've been offered range from "the managers are out on the property", "the computer is down and we can't pull up your file", "the manager has taken an early lunch", "the manager has taken a late lunch" <- i called at 3 one day, and on and on.

    i've reached the point where i am not sure what to do next. it makes it hard for me to visit them since my lunch hour won't be enough to run out there and come back and the office is closed on weekends and holidays. i've posted a comment on an apartments ratings website about all this. i've tried to Google search an office number for their corporate management company and didn't find anything. i've even called the apartment's office to get a number for their managemetn company and surprise surprise, they don't have it. just today i called and was told the manager is compiling a monthly reoprt and isn't available. i'm seriously looking into some kind of legal action against their company at this point. i want my money back!!
     
  2. RocketMan Tex

    RocketMan Tex Member

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  3. jo mama

    jo mama Member

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    keep notes of all your conversations. make records of when you called and what you were told.

    did they actually tell you that you were getting your full deposit back? i think they are legally required to either give your deposit back or give you written notice why you are not getting it w/in 30 days. before you get costly lawyers involved threats of lawyers can go a long way. let the office know what you were promised and when they promised it. let them know it has been way over 30 days and you would like to work it out w/out having to get your lawyer involved, but that you will do so if the issue isnt resolved (even if you dont have a lawyer, let them think you do).
     
  4. JuanValdez

    JuanValdez Member

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    When a complex is sold to another company, they usually transfer the asset without much in the way of records. And, if the oldmanagement decides to transfer the employees there to a new site, or if the new management fires the lot of them, the confusion gets worse.

    The excuses are hilarious. They don't know their corporate number? Property managers do tend to be very busy with reports and other demands from the corporate office. And, if she's trying to do this without pre-acquisition data, or else running a new management application she's not familiar with, I imagine she is doubly busy. And, being an ex-tenant, you're not a high priority. But, still, they can't stonewall you.

    I'd politely call twice a day every day asking for an update. They only have a couple of people working there, so you'll talk to the same people over and over. They may do something just to stop you calling. Or you can threaten legal action to the CSR (but, they probably won't care much until they get a letter from your lawyer; management companies get sued all the time. Maybe MadMax can write you one - or you write it with some MadMax letterhead).
     
  5. MLittle577

    MLittle577 Member

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    From the Texas Apartment Association website:

     
  6. pasox2

    pasox2 Member
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    They have to return your deposit within 30 days. Send them a certified letter demanding it.

    "When should I receive my security deposit refund?
    Within 30 days of your move-out, your security deposit or an itemized description of deductions must be mailed to you. If you don't receive a refund or explanation postmarked within the 30-day period, you may sue for three times the amount illegally held, plus attorney's fees and a $100 statutory penalty. "


    See here :<a href=http://www.taa.org/renterinfo/faqs/?catID=7>security deposit</a>
     
  7. El Toro

    El Toro Member

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    Maybe someone in their office reads the BBS :)

    I called twice today and in my second call told them I would check in the afternoon to give them time to look up the management company's phone number for me. When I called about an hour ago it went directly to the manager and I recounted the whole story for the umpteenth time and also made a mention of not receiving a written notice about my deposit within 30 days from the move out (thanks guys). She placed me on hold for several minutes and when she came back told me she had gotten through emailing her boss, the current management company's accountant and the old management company. She said the old one should have taken care of my deposit and said she would give me an update today or tomorrow. I said I would call tomorrow afternoon and in the meantime took down the number to the current management company. If I don't hear from her today or tomorrow morning, I'm going to call her in the afternoon and also speak with their bosses. If this doesn' turn out anything, I'm taking this baby to a small claims court (thanks everyone for the links and info). Hopefully it doesn't come down to that.
     
  8. Eric Riley

    Eric Riley Member

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    i say go after the three-times-the-amount + $100 + attorney's fees check...that'll learn 'em!
     
  9. serious black

    serious black Member

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    Calling the BBB could speed things up as well.
     
  10. jo mama

    jo mama Member

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    call them now and once every hour until this is resolved.

    make a game out of it!
     
  11. El Toro

    El Toro Member

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    just an update on eveything...after yesterday's calls i got a call today from the apt. manager who told me the check will be sent out this Friday!!! :cool:

    thanks to all for the advice!
     

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