Landlord won’t give security deposit back

Submitted by Irhsjakdjj t3_zh0paz in washingtondc

Hey DC folks, bottom line: it has been way over the 45 days (after the end of tenancy) required limit to either:

  1. return security deposit plus any interest due. Or…

  2. tell the tenant in writing of the intention to withhold the deposit. (14 DCMR 309.1.)

I received 0 communication with them during this 45 day window. I have emailed and called them multiple times without any resolution and I have sent them a formal security deposit return demand letter by postal mail and email. What do I do?

As some supplementary background, I have also tried to reach out to the office of tenant advocate here in DC and unfortunately they haven’t picked up their phones or call me back despite the message I left… Also, confusingly on their website, it says that they have visiting hours but they say that they’re not doing walk-ins due to COVID-19 pandemic… This is messed up and needs to be fixed but I digress… Based on what they are as an organization, I believe that they should be able to answer most of my questions but seeing that I can’t reach them by phone or otherwise I’m kind of left in limbo… my next steps are probably just to go into the office, tenant advocate, and see if they will take a walk in although their website has conflicting information… Or to also just consult with a lawyer to see if this is an open and closed case.

Has anyone dealt with this themselves? Can anyone provide me any additional information? This is my first time dealing with this type of situation I would greatly appreciate any help. Thank you!

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Comments

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ekkidee t1_izjj8fh wrote

File a claim in small claims court, and serve the landlord. Add legal expenses to your claim.

In the event something has happened to your landlord -- not likely bqut always possible -- this will put your claim (and award) into the queue of claims against his estate.

Also keep after the Tenant Advocate. They likely will recommend a similar approach, but it's nice to have them on your side

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DavidAmazing t1_izk13kb wrote

Second the office of tenant advocacy, they’re a tremendous resource.

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Playful-Translator49 t1_izjj2v0 wrote

Take them to small Claims court

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bludynamo t1_izjk2pg wrote

Adding to this, if you can show they acted in bad faith or intentionally delayed getting your money back (or if you ask and they don’t defend against the claims) you can get triple the monetary damages that they owe. It’s called “treble damages”.

Wish I pursued it when my former landlord skipped town on me.

Also typically one does not use a lawyer when going to small claims.

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oldskooldork23 t1_izjkvyw wrote

Not a lawyer, and never done this, but the law is pretty clear about security deposits and I'd imagine you could probably easily pursue a case in small claims at this point. Small claims cases are relatively informal and you do not generally need legal representation. You may also be referred to a small claims mediator prior to trial that may negate the need to have an actual trial too. Here's the DC Court's page about the process and how to file a case.

One final thing you may want to do if you think small claims is the route you want to take, is send your landlord a certified letter telling them they have 7 days from receipt to send return your deposit or that you will be filling in small claims. I only suggest this as threat of legal action can light a fire under people's asses and could avoid the rigamarole of small claims, but this isn't totally necessary either. If you do decide to do this and they don't respond to that letter, well you sent it certified and now have additional evidence that they knew they were illegally withholding your deposit.

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Irhsjakdjj OP t1_izjl7om wrote

Yep, sent them a demand letter with no reply. Going to seek treble damages

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alizadk t1_izkgxkd wrote

Did you send it certified? That's an important part of the process.

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Irhsjakdjj OP t1_izkmbwm wrote

Oh boy, missed that part… guessing I need to resend this via certified mail? What about a Notary?

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alizadk t1_izkmmwr wrote

Certified is so that you know it was delivered. Notarized doesn't mean anything if it doesn't get to them.

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Irhsjakdjj OP t1_izkmwa3 wrote

Thank you I will resend the letter to build my case

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Irhsjakdjj OP t1_izknjgl wrote

Last question, does it make any difference if I emailed it to them as well? Or is it better to just do certified mail?

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alizadk t1_izkr9po wrote

Certified is to prove they received it. You can't prove they received an email.

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USnext t1_iznq9hu wrote

I did this it got landlord attention and wasn't to much work to pursue.

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gluconeogenesis_EVGL t1_izl2hg8 wrote

Every shady landlord withholds the security deposit, often with a side order of running up repair bills.

Their MO is always the same... completely ignore you until and unless there is a threat of legal action. The options others have come up with are basically the 'triggers' that could trigger a replevin (look it up).

Certified demand letter: cheap, might be 'legal' enough to get the landlord to come through

Nasty letter from a lawyer: could be cheap/free, if you know a lawyer.

Filing Small claims action: they may pay off, no-show, or send a shyster to contest (I've never heard of the last one happening, but it's a risk you take).

I suggest you search reddit for that landlord/apartment building, and contact people with similar experiences (or else ask other tenants of the building, yelp and apartments.com are potential sources), they will be able to give you more practical advice. You could also edit your post or create a new one under a pseudonym asking for similar experiences with "XYZ landlord." The Point in Silver Spring had many stories similar to yours...

Make sure you warn others by posting to same.

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onionsoup42069 t1_izjswu4 wrote

OTA is usually responsive and helpful so try calling them again. I contacted them recently and got a call back in about 5 days. Otherwise, yes you’ll probably have to go to small claims court

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leafonawall t1_izk8vu8 wrote

OTA is great but understaffed and overworked. You’ll def need more than 1 message to break through. Your plan of going in person is the best step though.

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