Security Deposit

Emland · Apr 30, 2007, 09:42 AM

I have a lot of questions before I can even start.

Receiving a social security check via mail? I thought SS checks were no longer mailed - that all payments were sent via direct deposit now.

He is working and collecting social security?

How did a commercial entity collect on a check made out to someone else?

Moncel should have done a walk through upon vacating the apartment or at least taken photographs of the apartment to document its condition. If he left it in poor condition, he may not be eligible for a return of the deposit.

Cierra18 · Apr 30, 2007, 10:09 AM

Quote:

Originally Posted by Cierra18

Hi My name is Cierra and I am writing on behalf of my boyfriend Moncel
Anyways,
He moved out of his old apartment in January then moved into another...Since he was working at this job since October 06 they have been receiving his social security checks, paying his rent with that money...SO that means he doesn't have any record of the rent. There was a fire in the building everyone had to move...Then they received their security deposite when he thought about it he never received his...His worker(the woman that use to be in charge of paying his rent)said she knew nothing about his security deposite...Basically to make a long story short his boss had talked to his old landlord about his security deposite and he said he would be sending it to him in the mail; later calling and saying that their was damage and he can't get it back...What should he do?

1.NO they can still be mailed to you but now he is getting direct deposite
2.As long as he does not make over 500 every two weeks he can still get SSI
3.The only reason why he wasn't receiving his check directly because he had someone to be his payee until he had a signed statement from his primary doctor
4. He did a walk through with the apartment and also his worker..Also I know that if it was was damages then he wouldn't get his security deposit...The thing is he DID NOT have any damages so he is entitled to it but how do I go about filing

Emland · Apr 30, 2007, 10:13 AM

Moncel would have to sue in small claims court. Small cost to file - but if he doesn't have photos or a signed document stating the apartment was in satisfactory condition when he left there isn't much hope of collecting.

LisaB4657 · Apr 30, 2007, 12:02 PM

What state does he live in? The time period for return of the deposit varies by state. But I don't think the time period is longer than 60 days in any state.

Most state laws provide that the landlord must return either the deposit or a written detailed accounting of how the deposit is used within that time period. If Moncel's landlord did not provide a written accounting (with receipts) then there is a very good chance that Moncel could win a judgment in court regardless of whether the landlord could prove any damages. And in many states if the court determines that the landlord wrongfully withheld the deposit then the court can award a judgment for double or even triple the amount that was wrongfully withheld.

Tell your boyfriend to file a lawsuit in small claims court as soon as possible.

Security Deposit

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