SO irritated!!

[PrincessTracie]

I recently moved out of my old apartment (end of Feb.) and my deposit was refunded to me (less $50 for cleaning) but now its May and my old landlord is saying that I did not pay the $150 non-refundable deposit when I moved in and is now demanding that I pay it or she will send me to collections. I am so frustrated with her right now its not even funny. I emailed her back and told her that if she sends me to collections I will be filing a suit in the small claims court. Anyone have any thoughts on this situation? Anyone have the same thing happen to them?

[2Epcot]

Did you write a check for your deposit? If so, you should be able to get a copy of it from your bank to show you did pay it.

[Tinkerfreak]

Did you get any kind of receipt for the deposit or did you write a check? If so I would show it to her so she knows you paid her.

[Marilyn Michetti]

How long did you live there????? AND, the landlord is just now noticing it??????????

It seems like you should have been notified when you signed the lease, not when you moved. What kind of business is he running? I say, let them try, and stand your ground.:mad:

[Mickey91]

A nonrefundable deposit should have been noticed missing before you moved in. Let her try to send you to collections. Then take care of it rom there. If you have any record of this it would help. Otherwise, once you move out and she hasn't asked for it, it's her loss.

[PrincessTracie]

I lived there for a year. It was a private landlord. It was a horrible apartment and I don't recommend it to anyone!! Just a little background as to why she is asking for this money now, is because when she sent me my final deposit back (minus $50 for cleaning) it was supposed to be sent within 14 days of moving (according to WA state law) or a letter stating why it was not being refunded. I got neither. I finally got my deposit back around the 25 day mark. I told her that according to the law I am entitled to the $50 (that she minused) because she failed to send my deposit back on time. She told me no that she wasn't going to pay it and that I needed to move on with my life. Then she told me "actually you owe me $150 for not paying the non-refundable deposit when you moved in" I was flabergasted! After all, I couldn't of moved in without paying it to begin with!! After several attempts to collect the $50 I dropped the issue and moved on, not wanting to waste my time with her and going to court over $50 was just stupid. So now 3 months later she tells me that if I don't pay the $150 she will send me to collections. Does she have any legal ground here?? I don't understand how she can think I owe her the money because if I didn't pay it to begin with I wouldn't have moved into the apartment!! I don't get it.

[Aurora]

Start documenting everything. Every conversation with the date and time you spoke with her and what was said. Look at your phone records if you can't remember dates. If you don't have those, try to estimate.

Any conversation you have with her from here on, tell her since she threatened legal action you'll have to consult with your attorney before speaking with her again. Also make sure you tell her you have documented all your previous conversations in writing.

My bet is that she'll let it drop. But if she doesn't, try to locate any receipt or cancelled check for the deposit. If you have neither, get your bank statement that shows your payment, or if you paid in cash, if you took out that amount in a withdrawal. If she does have collections come after you, you can either take her to small claims court or just pay the $150. That hurts, but sometimes it's better to let the bad guys win and move on if it would hurt your credit.

[PrincessTracie]

Start documenting everything. Every conversation with the date and time you spoke with her and what was said. Look at your phone records if you can't remember dates. If you don't have those, try to estimate.

Any conversation you have with her from here on, tell her since she threatened legal action you'll have to consult with your attorney before speaking with her again. Also make sure you tell her you have documented all your previous conversations in writing.

My bet is that she'll let it drop. But if she doesn't, try to locate any receipt or cancelled check for the deposit. If you have neither, get your bank statement that shows your payment, or if you paid in cash, if you took out that amount in a withdrawal. If she does have collections come after you, you can either take her to small claims court or just pay the $150. That hurts, but sometimes it's better to let the bad guys win and move on if it would hurt your credit.

I have documented everything.. luckily its all in emails. I have told her I was going to file a suit in court if she proceeds with collections. I know its only $150 but I know for sure there is no way I am paying that twice!!

The only hard thing I can see is getting a copy of the check or bank statement as the checking account we used to write the check is no longer our checking account. So that may be tough. But regardless of all this.. does she really have any legal ground to try and collect this if she sent me the deposit back as our final accounting??? Isn't it too late now to try and get this from me???

[biodtl]

I would try contacting the bank, even if it is an old account - they may still be able to help you.

I don't know the legal issues, but it would seem to me that just like you are trying to find proof, that she should have some proof that you didn't pay it. It's not like a credit card or utility where they can show a purchase or services rendered.

[PrincessTracie]

So I researched the WA state law and found this:
RCW 59.18.280
The landlord shall have the right to proceed against a tenant to recover sums exceeding the amount of the tenant's damage or security deposit for damage to the property for which the tenant is responsible together with reasonable attorney's fees.

So wouldn't that mean that she wouldn't have a chance in court because A) The amount she is trying to collect from me does not exceed my security deposit and B) She refunded my deposit back to me already. Any thoughts??

[NotaGeek]

I think you need to focus on getting a copy of your posted check. Odds are this person has no "collection agency" that works for her. Get the check, send a copy and never think about it again. AND, if by some chance they do have a collection agency you will have to show the check as proof of payment anyway. It doesn't make sense that they refunded whatever money, and then claim you never paid it in the first place.

[Mickey'sGirl]

I agree with Michael. Focus on getting a copy of your cheque, or the receipt provided if you paid by cash.

Also -- I guarantee you that you will not be sent to collections for $150. It would cost her nearly that to set up an account and have it administered.

[Jeff G]

If you wrote out a check when you moved in and it's only been a little over a year the bank will still have that account on record. I would recommend that you contact the bank and ask for a statement from the month that you made the deposit to find the check number. Once you know the check number you can then request a copy of the check.

If she does send this to collection you have 30 days to dispute the matter. As long as you can prove you made this payment the matter will be dropped and never affect your credit rating. Some collection agencies don't have a cost up front and take a percentage of the amount collected so I wouldn't blow this off that she won't. I also would be cautious thinking that since it's only $150 she wont send it, I have many customers with collection balances of less than $50 on their credit bureaus.

My suggestion, take action to prove her wrong. Don't sit back and expect nothing to happen.

[Flower]

Do you still have a copy of the lease or rental agreement? Should it not state on there that a deposit was paid?

Contact the bank for a copy of the cheque ASAP

[kakn7294]

You need to obtain both a copy of any check(s) you wrote for a deposit when you moved into your apartment and the lease that both you and your landlady should have signed. Read the lease - see what deposits were required to be paid - compare it to any checks you wrote - and then go from there. If it turns out that you paid all of the deposits you were required to pay and she sends you to collections, you can easily prove that you paid. If it turns out you were supposed to pay a deposit and you didn't pay it, you need to either do more research with a lawyer to see what you actually owe at this point (which I would think would be nothing - she didn't pursue it before now) or just pay her and move on to avoid any further fees. However, I would get it in writing in a notorized document that this is all the money you owe and she can't come back for more.

[SBETigg]

So wouldn't that mean that she wouldn't have a chance in court because A) The amount she is trying to collect from me does not exceed my security deposit and B) She refunded my deposit back to me already. Any thoughts??

I had a similar situation with an old landlord involving the security deposit, which he returned in full a month later than he legally should have, then he turned around and threatened to sue us for twice the amount, claiming damages. We had a lawyer friend tell us how to word a persuasive letter threatening a countersuit and the landlord backed off.

The law requires what you've already researched and the landlord would be found at fault in court, not you. My thought on this is that she is trying to get what she can out of you and she has no legal grounds and she will not pursure it further. Get some nice stationary and send her as official sounding a letter as you can make up, using whatever legal language you can find. In MA, you would be taking her to housing court, not small claims, and she could be facing big trouble by pulling stuff like this as a landlord.

The bottom line is that she let you move in without paying that deposit, so she waived her right to it at that time. If it had been an issue, she would have asked for it with your rent at any time that you were still living there. That kind of deposit is a good faith deposit that you're going to be moving in and not saying you will take the place and then not showing up. And in MA, it has to be a refundable deposit by law and she is supposed to put it in an account in your name and pass on all interest statements. Not sure about that in your state, but if you did pay one, it could be that she owes YOU money. You're safe from any legal action from her, I think, not that I know officially.

[PrincessTracie]

I made phone calls to our banks (we have a couple accounts between the two of us) and they could not locate the check. :mad: I was really hoping I could get a copy of it. It seems to me that my landlord did not cash the check we gave to her. Since that deposit was a "good faith" deposit BEFORE I moved in, can she legally come after me for it if she never cashed the check I wrote and gave her?!! She had told me that I needed to provide the copy of the check to her before the end of May to avoid collections, but I told her I wasn't sending her anything. Its now the 12th of June... I haven't heard anything yet. I know we aren't done with her yet. If she tries to collect it from me, do I have a chance in court if I don't have a copy of the check????

[MickeyandTink]

I would check with your local legal aid. They usually handle a lot of landlord-tenant disputes and may be able to provide you some answers. Also, check with one of the law schools in the state and see if they have a clinic that can help you.

Good luck.

[Jen C.]

I might sound a little off base here, and I don't mean too. I realize this is easier said than done, but if you are truly concerned, and/or bothered, I would give her the $150.00. I'm not saying you owe it to her, but it sounds like if you start involving lawyers, or court fees, it could cost you a lot more than $150.00. Not to mention the stress. I can tell by your posts that you are very disturbed by this. I think $150.00 is a small price to pay for peace of mind.

However, IMO she is simply using scare tactics. But, if her scare tactics are working, then you have to evaluate how much longer you want this gray cloud of a crazy woman hanging over your head. Just a thought. I know it is a lot of money.

[crazypoohbear]

It seems that she is playing a carny game... pay no attention to what the right hand is doing. Because you mentioned that SHE was late and accountable for sending the payment late she is changing the subject and making YOU sweat.
She doesn't have a legal leg to stand on because you could not have moved in without paying the deposit. ( I've never heard of a non refundable deposit??)

Tell her this next time she calls or emails.
" You have threatened me with a lawsuit/collection suit. I will no longer communicate with you. Please have your attorney contact me directly." Then quietly hang up the phone. If she continues to call or email. Contact the police and tell them that she is harrassing you.
Do not engage in conversation with her. Do not try to reason, Do not try to be polite, Do not try to smooth things over. Just repeat what I told you to say and hang up. She would need to prove that you did not pay, you do not need to prove that you did pay. She would have to explain how you moved in without paying it in the first place and why after she paid you, she is now seeking the money. It would cost her to send you to a collection agency, they get a percentage of what they collect. She sounds too cheap. Like I said she playing an old carny game.

[SBETigg]

She doesn't have a legal leg to stand on because you could not have moved in without paying the deposit. ( I've never heard of a non refundable deposit??)

Tell her this next time she calls or emails.
" You have threatened me with a lawsuit/collection suit. I will no longer communicate with you. Please have your attorney contact me directly." Then quietly hang up the phone. If she continues to call or email. Contact the police and tell them that she is harrassing you.
Do not engage in conversation with her. Do not try to reason, Do not try to be polite, Do not try to smooth things over. Just repeat what I told you to say and hang up. She would need to prove that you did not pay, you do not need to prove that you did pay. She would have to explain how you moved in without paying it in the first place and why after she paid you, she is now seeking the money. It would cost her to send you to a collection agency, they get a percentage of what they collect. She sounds too cheap. Like I said she playing an old carny game.

Exactly! Well said.

[PrincessTracie]

THANK YOU all so much for your help! Your words of wisdom are great! If anyone has anything else to say, you are more than welcome to comment. I will update you all if/when I hear from her or the collection agency. My question now is if I do hear from the collection agency about this, what do I do then???

[SBETigg]

THANK YOU all so much for your help! Your words of wisdom are great! If anyone has anything else to say, you are more than welcome to comment. I will update you all if/when I hear from her or the collection agency. My question now is if I do hear from the collection agency about this, what do I do then???

You won't, I would guess. But if you did, then you write to them to dispute it and write to the credit reporting agencies to dispute the validity of the debt with the explanation.