Legal Eagles need your advice

milly1 · ‎03-09-2010

I can use some advice as what to do when a senior rental company hasn't returned my Mother's security deposit. My Mother moved from one senior independent living facility to another. According to State law the security deposit must be returned within 30 days. We're well past that date and my Mother has contacted the facility and reaches an answering machine and no one calls her back. My Mother is in her 90's and this was a hefty security deposit. They inspected her apartment and we have the signed sheet where everything was in perfect condition. It's quite upsetting for anyone but especially someone who is advanced in age. I've looked on-line and can't find what state agency would handle it, the Attorney General? I thought there are State protections Is our only recourse to hire an attorney?

lolakimono · ‎03-29-2012

I would start with the Attorney General or Better Business Bureau, if the company is listed.

Snowpuppy · ‎03-09-2010

Phone calls get you nothing. You need a paper trail.

I would write a letter sending a copy of the move out form and mail it CMRR-Certified Mail, Return Receipt. Send a copy to their corporate office as well as their on site property rental office.

Give them a deadline in writing, after which you will retain counsel.

If you retain an attorney, go to the BBB or AG in your state, they will ask you what steps you have taken. Hanging up on an answering machine is not the way to go.

KYToby · ‎02-19-2012

Start with a letter to the agency, indicating it is more than 30 days, and demand payment in full,. Indicate if not received promptly, you will report to the appropriate agencies and pursue legal action.

milly1 · ‎03-09-2010

No, she didn't hang up on the answering machine. She left messages and they weren't returned. She called as this is a fairly large company and never expected there would be a problem. She did reach a receptionist and told her the check was mailed and of course, she never received it. What is CMRR? Can you tell no one in our family has ever had this issue.

Financialgrl · ‎03-13-2010

On 12/19/2014 milly said:
No, she didn't hang up on the answering machine. She left messages and they weren't returned. She called as this is a fairly large company and never expected there would be a problem. She did reach a receptionist and told her the check was mailed and of course, she never received it. What is CMRR? Can you tell no one in our family has ever had this issue.

CMRR was answered in her post - Certified Mail - Return Receipt.