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Hi I live in Washington state(if that helps)and rented a room in a house two years ago.Some things happened there and just abruptly took off without saying a word tho rent was paid in full.So anyways I ran into the old manager there a week ago and he informed me that he's been sitting on a personal check written to me for my security deposit since there was no damage but the thing is is that the check is 8 months outdated ie I cant cash it.So after going through 4 people I finally got to the owner who said he would look into verification of the check number to make sure it wasent cashed and would get back to me THAT day.That was five days ago with no word and hangups when I call.sooooo what's my options here?Is this a small claims suit?Is it cut and dry that they would lose since the check was already issued and I just want a replacement?thanks in advance..cus he's playing around with me enough to where I want to go the legal route.
You abandon your property for 8 months and when they don't instantly turn around and issue you a new check you want to take them to small claims court? Be a bit more patient... they have to check the files and dig yours out from storage and then they have to check with the bank to make sure the check wasn't cashed and their bank is probably taking their time to verify this information and then there needs to be money in an account they can pay you from. That manager had no legal obligation to tell you about your check... so at least show some gratitude and be patient. A small claims court would point out to you that you were in no hurry for 8 months and that it was you that caused this hold up by disappearing into thin air.
If you have the old check, he is obligated to replace it or explain to you why. I think Fern Park is like most other states where the return of a security deposit (less damages) is sacrosanct and there are huge penalties on the landlord who does not make payment in a timely manner. He has a little defense in that he has issued the check, but due to the timing it is now non-negotiable. You might check with a local tenant's rights group to find out what the laws are (in some states you can get treble damages). Then, write the guy a nice letter describing the check cashing situation, and that you need to have a replacement within X days (whatever Fern Park requirements are) or you will be seeking (three times?) relief under Paragraph X, Section Y, Subsection Z of the Fern Park State blah blah blah Statute. Include a copy of the old check, and send all return receipt. If he wants to issue a stop payment on the old check he can, and his bank will not charge him for that so don't let him whine about fees like that. Barring all of this, go to small claims court. Cheap to file, you will win (be sure to be able to properly document all your attempts at getting this resolved) and you should ask for the statutory maximum in WA.
I doubt you would win a small claims suit. You left without notice, and left no forwarding address. You didn't even care to have it back until you "ran into the manager" and he told you he had the check. If he never had, you STILL wouldn't care. You abandoned the money, he didn't give it to you because you didn't give him any way to do so. Did you have a lease? Did you give notice to vacate in accordance with your state's law (no - that would have required 20 days notice). So you would have owed the next month's rent anyway. Was you security more than one month's rent? If no, you aren't entitled to it back anyway, and bringing a suit will lead the owner to figure out how to keep the money, which he can easily do, since I just figured it out in 2 minutes with one google search. So just give it up. You didn't even think about it for two years, and all of a sudden you want to sue someone for it. Give it a rest.
Put it in writing to LL Be polite and business-like REMEMBER all this is YOUR fault: YOU moved without notice, without leaving a forwarding address, without cleaning out and dealing with everything. Letter should state: You moved out X date; he informed you a security deposit check was issued; you requested that since it was stale check it be re-issued. That you have been unable to reach anyone since that date, although Mgr said they would get back to you that day. POLITE> Provide your current address and request that he send the re-issued check to you by the end of the week. BTW: a stale check CAN be cashed, but lender doesn't have to. . . .unless it has expiration on its face. . . . . . Can send it certified if you want, otherwise just First Class; keep copy
It is not cut and dry, they never gave you a check. It will be up to a judge if they owe you anything.