Recovering cost of cancelled security deposit

July 16, 2010 10:06 AM

Can a landlord charge a tenant the cost of a cancelled security deposit check? My least ended 5/31. My landlord sent out the security deposit 6/29. I never received the deposit, and asked repeatedly that it be re-sent. She agreed to cancel the check and re-send 7/13. I gave her my address, and today a letter sent 7/15 arrived containing the deposit less the cost of cancelling the previous check. I was supposed to get the deposit within 30 days. Do I have any recourse here on recovering this?
posted by anonymous to Law & Government (12 answers total)

What state are you in? For Example, Arizona Revised Statutes say that a refund is in order within 14 days, if not, twice the deposit is to be paid. I may be off on the amount of days, it's been a couple years but the point is, take a look at your state laws regarding landlord tenant act(s). Your best bet is to look at your copy of the lease to make sure it doesn't have a fine line specifically stating the canceled check fee. If it doesn't, does the state statute allow for it? If it does not, then that's zero for two in your favor. Present that to the landlord and ask politely for the difference. If they refuse, then enlighten them, with a copy of the state statutes and be clear that you expect the difference within ten business days, or you'll file with the BBB (very easy to do online and a very useful tool) and that you will have no choice but to begin filing against the landlord. The BBB threat alone should do the trick, no one wants their name smeared. The threat of suit takes it one step further, as it guarantees to make the landlord at least think about the cost of paying you versus a lawyer.

Good Luck :D
posted by MansRiot at 10:22 AM on July 16, 2010

Is this about $25? Let it go. It's not your fault that the check got lost, but it's most likely not her fault either. Shit happens. Do you really want to go through the hassle of harassing her until she writes and mails you a $25 check?
posted by halogen at 10:24 AM on July 16, 2010 [1 favorite]

Response by poster: This was in New Jersey.

I know it seems petty, but right now I'm in a financial position where $10 is a lot to let go. It's bad enough it was two weeks late.
posted by Anonymous at 10:33 AM on July 16, 2010

If you had had to cancel and re-send a lost rent check, do you think the landlord would have been OK with you deducting the cost of canceling the check? It seems unlikely.

Consider that canceling the previous check is something that the landlord opted to do for her own reasons. They're good reasons, and it would probably be foolish of her not to cancel it, but it's still not something she had to do in order to pay you what she owed you.
posted by hattifattener at 10:39 AM on July 16, 2010

For what it's worth: the two times that landlords of mine have delayed on sending my security deposit (and these were the less-pleasant landlords), they made sure to send it by certified mail, or something else that gave them proof that they'd sent it.

Some state laws specify what portions of the security deposit may be withheld for. I'd go on that. If it can only be used to repair damage to the premises, well, check cancellation is not repairing damage to the premises, is it?
posted by needs more cowbell at 10:42 AM on July 16, 2010

Best answer: It's her responsibility to give you the money, not mail a check to you. If your rent check got lost in the mail, she wouldn't accept a $30 reduction because "it's no one's fault." It's the sender's fault.
posted by grouse at 10:42 AM on July 16, 2010

I was going to suggest asking the New Jersey Tenant's Organization, but it seems they require a $22 membership fee before they will assist you.
posted by randomstriker at 10:52 AM on July 16, 2010

Two weeks late? She probably forfeits any portion of the deposit (and possibly earn her some penalties, like double your entire deposit). Besides, it's her responsibility for her to GET THE CHECK TO YOU, not just "put it in the mail." She didn't get the check to you in time. Her failure, her costs.
posted by rhizome at 11:14 AM on July 16, 2010

hattifattener and grouse make a good point – perhaps the same argument will convince your landlord? Has she explicitly refused to reimburse you, or are you yet to contact her?
posted by halogen at 12:33 PM on July 16, 2010

Nthing above - many states have laws incredibly skewed towards the tenet including doubling the deposit owed from the landlord to the tenet for being late. I would also say that it is the landlords fault for not sending it certified, which may also be required depending on the state.
posted by mincus at 1:01 PM on July 16, 2010

Yeah, not your problem. This sounds like one of those creepy-landlord ways to extract another $10 or $25 from a tenant.

If the landlord gets snippy about it and you think this might be the case, ask for a copy of the cancelled check statement/receipt thing. Almost all banks send them out, and you paid for it.
posted by gjc at 5:26 PM on July 16, 2010

Best answer: Send a letter via registered mail politely telling the landlord that you've spoken with a lawyer and were told there was no legal basis for the landlord to withhold that money, and you'd appreciate getting the full amount of your deposit back, in return for which you'll be happy to overlook the fact that she didn't return your deposit within the legally specified time.

That should work. Really.
posted by mediareport at 6:50 AM on July 17, 2010