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miraclemanays · May 31, 2007, 12:29 PM

I moved out of my old apartment about 6 months ago. The landlord told me and my room mates that we would get our deposit back. We've called constantly, wrote letters, everything, but they just won't pick up the phone. Is there a statute of limitations for this sort of thing and can it be enforced if the landlord is just trying to disappear?

pluckyflamingo · May 31, 2007, 12:33 PM

Well it is hard to say was there any type of written agreement? Have you tried to confront your landlord face to face?

miraclemanays · May 31, 2007, 12:37 PM

Originally Posted by pluckyflamingo

Well it is hard to say was there any type of written agreement? Have you tried to confront your landlord face to face?

There wasn't a written agreement in terms of the deposit, only the lease. But if the landlord doesn't give the deposit back he has to provide the lawful reasons for withholding it. Basically he vanished. We can't confront him face to face because we can't find him.

pluckyflamingo · May 31, 2007, 12:43 PM

Well if I was in that position I would talk to the police and see if there is any legal way to pursue this. If not ask for any advice they can give. If all else fails just count your losses and be done with it. If he vanished there is not much else you can do. Good luck!

LisaB4657 · May 31, 2007, 01:20 PM

You will have to file a lawsuit against the landlord. Do a Google search for the county where the apartment is located and "small claims court". You may be able to get the filing info and forms online.

If they aren't available online you'll have to go to the courthouse to get the forms and file them. The filing fee should not be much.

At the top of the Real Estate Law forum is a sticky with links to the laws for all 50 states. I suggest that you check out the law for your location so you have an idea of your rights.