Letter from old apt. complex demanding payment for security deposit. WTF?

[Roland99]

A couple of years ago, I moved into an apartment complex. I paid the security deposit and the monthly rent all proper like. After a year, I decided to "upgrade" to a 3BR (Feb. 2005). I was told I had to pay a new security deposit and would be refunded the old one. All was fine. After the lease was up on that apt., I moved to a new complex. This was March of 2006.

I later received a check for less than the security deposit as they took out $40 for having to repaint a couple of bathroom walls (I'd painted them pink for my daughters) and some utilities from the last month I was there. All was still fine at this point.

Just today I get a letter in the mail (dated Dec. 4, 2006) stating that, due to a year-end security deposit audit, I must repay $200 for a miscredited refund of a security deposit. The letter states I was informed several times of a need to pay a $175 security deposit for the new apt. along with copies of notices (which I NEVER received while I was living in the new apt.). The letters are dated at various times throughout my time living in that 2nd apartment. I usually paid rent in person (sometimes via the deposit slot in the office complex). NEVER was a notice taped to my front door or mailed to my address (much less via CMRR). And why didn't the 2005 year-end security deposit audit uncover the issue?

I can obtain copies from my bank of the deposits and checks related to all this but that's going to be a PITA (the bank apparently doesn't provide images of checks prior to March 2006 anymore).

Is this a "their word vs. my word" thing?

[Monkeyman]

1. Do not pay

They have no right to your deposit . They rented the place out again plus took 40 from you. They have no legal ground to stand on after 60 days.

[Roland99]

3. Oh, I had no intention of paying and not sure what the timeframe is in KY.

I was going to send a letter CMRR demanding proof that notices of deposit due were delivered to me (which they won't have) as well as proof of this "audit".

[Redstone]

2. Your state probably has very specific laws covering situations like that.

Check on your state's website. My guess is that you owe them nothing.

Redstone

[Roland99]

4. Don't really see anything covering this in particular.

Kentucky:

http://www.ohiolandlordtenant.com/ky.html

[TomInTib]

5. I agree with the previous replies.

Is it the same owner/management?

Do they have copies to back their claim?

[Roland99]

6. Where I live now is diff. mgmt. The only thing the old place sent me was...

copies of notices supposedly given to me re: a security deposit owed.

Hell, I could write up something showing they owed me $20,000. ;)

[man4allcats]

7. You are much more considerate than I. My advice would be

to send them this brief reply from Robert DeNiro's character Travis Bickle in the 1976 Martin Scorsese film "Taxi Driver." As he jammed a pistol into the abdomen of a pimp and fatally shot him, Travis "Robert DeNiro" Bickle said to his victim "Suck on this." I'm not suggesting you re-enact the scene, but the dialog is great in the context.

[librechik]

11. a simple application of expanding insulating foam compound from a spray can

into the plumbing system...

nah. Even I'm not that mean.

whatever happens, don't miss any court dates. They will screw you good if you decide they are full of shit and ignore a court summons. They will get you for that alone, no matter how correct your initial position was. Just hold onto all your receipts and MAKE THEM PROVE THEIR CLAIMS. It's not up to you to disprove them.

what I find most effective is talking in person to the guy that makes the decisions(at the apartment building--the owner, not the manager.) Someone has made a mistake, and it most likely is not the head guy, but some clueless lackey. It's in (the boss's) interest to keep the customer happy, even a former customer. A simple mistake is easily straightened out if you work patiently and pleasantly through the channels. (fingers crossed)

[Roland99]

8. I did see on 2/1/05 on my bank statement online a check of $200 was credited.

Soo...I just need to get a copy of that from my bank as I'm sure that was it.


Argh...what a PITA

[1monster]

9. Excuse me?! A security deposit is a REFUNDABLE deposit. When

you move out of the apartment complex, you get your security deposit back if you haven't damaged the apartment.

I have NEVER heard of a security DEPOSIT demanded nine months after moving out of an apartment complex.

Something about this smells like three day old fish.

[Roland99]

10. They're demanding payment for an allegedly miscredited refund.

Methinks their audit is FUBAR. Perhaps Arther Anderson is doing it for them. ;)

[TomInTib]

12. I believe the deposit refund (less $40) closed the contract

And that is the way I think a small claims court would see it.

When you finally get proof of that payment, send it to them and let them know that you have plenty of time and energy to contest their point (even if you don't have it) and that you will gladly see them in court.

Their attorney fees will far surpass anything they could hope to recoup.

If you need any legal help, let me know.

I have some scary attorneys (an ex-DA and a retired Judge). Even tho they are in California, they can read the laws of whatever state you are in. Maybe write a letter for you.

But I think that you are perfectly capable of dealing with it on your own.

I would like to know how this turns out for you.

I totally abhor those greedy-ass management companies.

Good luck.
Tom

[Roland99]

13. Thanks. Thing is, this is just so out of left field

The place was doing me a great favor when I 1st moved in there (long story).

I'll call my bank tomorrow and see what copies I can obtain and fire those off and hopefully that will be the end of it.

[Roland99]

14. Ouch. It's going to cost me $45 to get images of two items from back then

I guess I'll send an invoice along with the letter to the old apartment complex. :)


Edit:

SWEET! Dude from the bank called and he was able to pull it up and will scan and email. NO CHARGE!