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Old 07-28-2008, 08:44 AM
 
1 posts, read 4,600 times
Reputation: 10

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I was in an apartment for two years and during the first year the ownership of the building switched hands. The new owner ran the mechanic's garage on the first floor of the building so we sent all of our communication directly to the business.

My roommates and I moved out at the end of the second year and expected to get back our security deposit. We went back to the building to give our landlord our new address to send the security deposit and he was gone. There was a sign on the building saying it was closed. We spoke to the original landlord and he told us that he was pretty sure that this guy left the country permanently.

Is there anyway that we are going to get our deposit back?
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Old 07-28-2008, 09:10 AM
 
5,340 posts, read 13,955,846 times
Reputation: 1189
Sorry to hear about this. When I was renting I encountered problems and I found the only fulproof way - I lived out my security deposit. I would say on March 1st, "Hello, here is 1/2 months rent for March, I am moving out on May 1st... use my security deposit." Some owners didn't care, some flipped. I would say "Sorry, have no money - you'll have to do it."

I did that after moving into 1 apartment and fixing it SO much with my dime... literally spent about $2k on it, then the SOB fought me on my security for 6 mos before he gave me 1/2 of it back.

Next apartment, I moved out and had to leave behind 2 new a/c units that I bought because the biyatch of a landlady insisted they were hers (they were not) and was holding my security hostage.

Now I know I'll get "that's wrong" that's this and that... yeah, and after being screwed over 2x and seeing numerous people I know do the same thing... I learned.

ONE landlord didn't really mind, but he was like "Well, you're really not supposed to do that." I said "And you are really supposed to put my $ in a bank and show me monthly statement and pay me back with interest... did you do any of that?" Nuf said.

In your case, if the guy is not in the country - you're screwed.
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Old 07-28-2008, 10:46 AM
 
Location: Vermont
5,439 posts, read 16,867,662 times
Reputation: 2651
The landlord was supposed to give you info on the bank account where your $ was sitting.
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Old 07-28-2008, 12:17 PM
 
8 posts, read 29,618 times
Reputation: 10
If the landlord is MIA, who's collecting the rent for the unit now?
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Old 07-28-2008, 12:21 PM
 
3,269 posts, read 9,938,742 times
Reputation: 2025
Quote:
Originally Posted by crazichris View Post
I was in an apartment for two years and during the first year the ownership of the building switched hands. The new owner ran the mechanic's garage on the first floor of the building so we sent all of our communication directly to the business.

My roommates and I moved out at the end of the second year and expected to get back our security deposit. We went back to the building to give our landlord our new address to send the security deposit and he was gone. There was a sign on the building saying it was closed. We spoke to the original landlord and he told us that he was pretty sure that this guy left the country permanently.

Is there anyway that we are going to get our deposit back?
You are never going to see your security deposit again.
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Old 07-28-2008, 12:48 PM
 
Location: The Communist State of NJ
7,221 posts, read 11,940,305 times
Reputation: 3763
Quote:
Originally Posted by UKOK View Post
You are never going to see your security deposit again.
Unfortunately, I agree with UKOK.
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Old 07-28-2008, 12:50 PM
 
Location: The Communist State of NJ
7,221 posts, read 11,940,305 times
Reputation: 3763
Quote:
Originally Posted by joe moving View Post
The landlord was supposed to give you info on the bank account where your $ was sitting.
This is correct. The landlord is supposed to deposit the security money into an interest bearing account in both yours and his/hers or company's name. You should receive yearly 1099 tax forms from the banking institution stating the amount of interest earned on the account.
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Old 08-02-2008, 01:10 AM
 
48 posts, read 161,919 times
Reputation: 20
Wow cut your losses chalk it up to experience
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Old 08-02-2008, 02:31 PM
 
Location: Pennsylvania & New Jersey
1,548 posts, read 4,317,828 times
Reputation: 1769
Default Yes, you can get your money back... probably...

Quote:
Originally Posted by crazichris View Post
I was in an apartment for two years and during the first year the ownership of the building switched hands. The new owner ran the mechanic's garage on the first floor of the building so we sent all of our communication directly to the business. My roommates and I moved out at the end of the second year and expected to get back our security deposit. We went back to the building to give our landlord our new address to send the security deposit and he was gone. There was a sign on the building saying it was closed. We spoke to the original landlord and he told us that he was pretty sure that this guy left the country permanently. Is there anyway that we are going to get our deposit back?
Assuming you did everything that you were required to, like given adequate notice that you were terminating your tenancy and leaving the property undamaged and in "broom-clean" condition, you should be able to get your money back.

First, find out who the legal owner is. What is the address of record according to the tax assessor? Send certified mail to the owner of record demanding the return of your security.

Immediately file suit in small claims court against the owner of record. If they don't show up, (out of the country or whatever,) you'll win a judgment. Then, the building can't be sold until the judgment is satisfied (meaning that you get paid).

New Jersey laws are very pro-tenant in these matters. Be diligent and you'll get your money back... unless of course, the landlord has a legitimate legal reason for denying you the money.
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