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Vicellius · Jul 4, 2010, 11:21 PM

I was leasing an apartment that I was told was $900 security deposit, normally $500, but didn't have any credit (I don't own any credit cards). I agreed to pay and signed a lease saying $900 on it. Later on they changed the amount on the lease to $500 and unfortunately I did not notice at the time. About midway through my leasing the ownership of the apartment I was staying in changed to a new company. When it came time to leave I noticed the initial security deposit was $900, but they refused to give me that and only gave me $500 minus some minor repairs. They told me if I wanted the rest I had to get in touch with the previous owners. I wasn't sure that was my responsibility, but I did and they just gave me the run around. What are my options in this situation and how do I get my money back? Also, am I within my right to ask for double the deposit since they are making me run through all these hoops just to not give me my money back and (probably) having to take them to court?

excon · Jul 5, 2010, 05:24 AM

Hello v:

Sue BOTH owners in small claims court. You SHOULD get double. If it was me, I'd give it to you.

excon

AK lawyer · Jul 5, 2010, 09:14 AM

Originally Posted by Vicellius

... Later on they changed the amount on the lease to $500 and unfortunately I did not notice at the time.

They got you to sign a new lease acknowledging that you had only paid $500? You're probably out of luck on that one.

Originally Posted by Vicellius

..
... Also, am I within my right to ask for double the deposit since they are making me run through all these hoops just to not give me my money back and (probably) having to take them to court?

Don't think so. You're talking punative damages, and I don't think that's available on facts such a these.

You normally only get what you are out.

this8384 · Jul 7, 2010, 07:49 AM

Originally Posted by Vicellius

I was leasing an apartment that I was told was $900 security deposit, normally $500, but didn't have any credit (I don't own any credit cards). I agreed to pay and signed a lease saying $900 on it. Later on they changed the amount on the lease to $500 and unfortunately I did not notice at the time. About midway through my leasing the ownership of the apartment I was staying in changed to a new company. When it came time to leave I noticed the initial security deposit was $900, but they refused to give me that and only gave me $500 minus some minor repairs. They told me if I wanted the rest I had to get in touch with the previous owners. I wasn't sure that was my responsibility, but I did and they just gave me the run around. What are my options in this situation and how do I get my money back? Also, am I within my right to ask for double the deposit since they are making me run through all these hoops just to not give me my money back and (probably) having to take them to court?

The security deposit should have been transferred to the new owners. Do you have proof that you gave $900 as a deposit, not $500 as is mentioned in the lease? If you can prove the amount that you actually deposited for the apartment, then get in touch with the original owner. Either a)the first owner didn't give the second owner the full amount of your deposit or b)the second owner received the full amount of $900 and is trying to screw you out of $400. You need to find out which one it is and sue the appropriate party.

twinkiedooter · Jul 7, 2010, 10:37 AM

All security deposits are transferred to the new owner at the time of closing. You need to sue if you have proof of paying the $900 to the first owner. Sue both of them. And no, you don't get double damages in this case. This is strictly a case of they didn't give you back your original $900. It does not matter how much tap dancing they put you through you don't get double anything. Sorry.

this8384 · Jul 7, 2010, 10:40 AM

I'm going to play the devil's advocate here for a minute: how can the OP sue both parties? Only one is at fault. As I said earlier, either the first owner didn't give the new owner the full amount of the deposit, or the new owner received the $900 and is trying to screw over the OP. It can't be both.

AK lawyer · Jul 7, 2010, 10:44 AM

Originally Posted by this8384

I'm going to play the devil's advocate here for a minute: how can the OP sue both parties? Only one is at fault. As I said earlier, either the first owner didn't give the new owner the full amount of the deposit, or the new owner received the $900 and is trying to screw over the OP. It can't be both.

Are you serious?

Lawsuits against multiple parties claiming that one or the other is at fault are filed all the time. Sue them both and let the court sort it out.

this8384 · Jul 7, 2010, 11:03 AM

Originally Posted by AK lawyer

Are you serious?

Lawsuits against multiple parties claiming that one or the other is at fault are filed all the time. Sue them both and let the court sort it out.

So your advice is for the OP to waste the time and money(theirs and the taxpayers) to file two lawsuits, rather than take the time to make a few phone calls?

You must be a lawyer.

ScottGem · Jul 7, 2010, 11:49 AM

Originally Posted by this8384

So your advice is for the OP to waste the time and money(theirs and the taxpayers) to file two lawsuits, rather than take the time to make a few phone calls?

You must be a lawyer.

Actually I think what AK is advising is to file one suit and name multiple defendants. And this is a common practice.

ScottGem · Jul 7, 2010, 11:52 AM

I thought I had answered this. You said the lease was changed from $900 to $500. How was this change made? If the $900 was crossed out and $500 substituted then, for it to be valid, you would have had to initial the change. If you did not initial the change then the $900 is the amount of the deposit. Unless they can prove you paid less, then they are responsible for returning that amount.

As for doubling damages, no you cannot do that, but you can include court costs and expenses.