Landlord stealing security deposit - how can I get it back?
August 25, 2011 1:17 PM Subscribe
Owner of vacation rental not returning security deposit so what are my options.
We stayed for four days at a rental in Amagansett, NY. The owner is claiming that we didn't water her plants and ripped a couch cover so is keeping our $300 security deposit.
None of this is true, not to mention the fact that on one of the four days it rained making any claims of water starved plants ridiculous nor did we rip anything.
So what are my options - I'm in California.
We stayed for four days at a rental in Amagansett, NY. The owner is claiming that we didn't water her plants and ripped a couch cover so is keeping our $300 security deposit.
None of this is true, not to mention the fact that on one of the four days it rained making any claims of water starved plants ridiculous nor did we rip anything.
So what are my options - I'm in California.
Response by poster: Not quite the answer I was looking for... paid in cash because she wouldn't take a check and we weren't prepared to mail a money order to her (and yes we should have realized at that point she wasn't to be trusted)
posted by zeoslap at 1:41 PM on August 25, 2011
posted by zeoslap at 1:41 PM on August 25, 2011
Best answer: Demand that she send you photographic evidence now and claim that you have photos and they'd better match.
posted by resurrexit at 1:47 PM on August 25, 2011 [2 favorites]
posted by resurrexit at 1:47 PM on August 25, 2011 [2 favorites]
Unfortunately it sounds like COD is right, and you're SOL, sorry. Okay, it sounds like you rented directly from the property owner, but did you find it through any kind of listing service you could perhaps direct a complaint to?
posted by easily confused at 1:48 PM on August 25, 2011
posted by easily confused at 1:48 PM on August 25, 2011
Best answer: I would take resurrexit's advice and ask to see photos of the couch. Casually mention that you want to see if it matches your photos. (You could have taken photos of your family or friends standing behind the couch.) I think by implying and asking for the photos, she may decide that it is not worth the hassle and send back some of your money.
posted by JohnnyGunn at 1:55 PM on August 25, 2011
posted by JohnnyGunn at 1:55 PM on August 25, 2011
Best answer: You could also threaded to write a strongly worded review if you got it from one of those VRBO sites, a really bad review can be toxic to sales and would potentially cost her far more than $300.
posted by treehorn+bunny at 1:57 PM on August 25, 2011 [1 favorite]
posted by treehorn+bunny at 1:57 PM on August 25, 2011 [1 favorite]
Response by poster: Yes we went through VRBO - a toxic review is indeed in the offing.
posted by zeoslap at 2:02 PM on August 25, 2011 [1 favorite]
posted by zeoslap at 2:02 PM on August 25, 2011 [1 favorite]
Whatever you do, you shouldn't say things that are false or obviously misleading in your written correspondence with this person. Your failure to do so might be the source of complications or other trouble down the road if you take this further. However, if you have photos, review them, then tell her you reviewed your vacation photos for evidence of damage and found none, and explain that this was consistent with your inspection of the property prior to your departure (if there was one). Note other relevant facts that it rained while you were there (which can be independently verified).
You can contact VRBO with complaints, but since they sell an insurance sort of policy which terms you didn't comply with (cash being the main one), I'm not sure how far they'd be willing to go to help, but try that first. Instead, I'd look at small claims court, and see what remedies are available there are. It might even be worth consulting with a local attorney, especially to find out if you can get punitive damages.
Keep in mind that you want your written correspondence to establish facts as if you are writing for a judge more than for the unscrupulous property owner. Don't write anything that could be used to make you appear to be dishonest. Don't make threats, but perhaps mention that "If we can't resolve this informally, I won't have any choice but to take further actions necessary to secure my legal rights. Please understand that if I am forced to take further action, I intend to hold you responsible for the fees and costs incurred in the course of pursuing my legal remedies. These costs will include travel to and from my home for me and each of my X witnesses."
If you can, your best bet is to settle it. $800 is a lot of money, but it's probably not worth doubling down on litigation on the other side of the continent.
posted by Hylas at 2:47 PM on August 25, 2011 [3 favorites]
You can contact VRBO with complaints, but since they sell an insurance sort of policy which terms you didn't comply with (cash being the main one), I'm not sure how far they'd be willing to go to help, but try that first. Instead, I'd look at small claims court, and see what remedies are available there are. It might even be worth consulting with a local attorney, especially to find out if you can get punitive damages.
Keep in mind that you want your written correspondence to establish facts as if you are writing for a judge more than for the unscrupulous property owner. Don't write anything that could be used to make you appear to be dishonest. Don't make threats, but perhaps mention that "If we can't resolve this informally, I won't have any choice but to take further actions necessary to secure my legal rights. Please understand that if I am forced to take further action, I intend to hold you responsible for the fees and costs incurred in the course of pursuing my legal remedies. These costs will include travel to and from my home for me and each of my X witnesses."
If you can, your best bet is to settle it. $800 is a lot of money, but it's probably not worth doubling down on litigation on the other side of the continent.
posted by Hylas at 2:47 PM on August 25, 2011 [3 favorites]
Your toxic review may not end up on VRBO since it's my understanding that the owner has to approve it. That was the case when I submitted a review and it was a good one. Review the terms and conditions carefully and contact VRBO but I suspect like with eBay you're SOL, they're just a middle man and the transaction is with you and the owner.
posted by shoesietart at 2:50 PM on August 25, 2011
posted by shoesietart at 2:50 PM on August 25, 2011
Best answer: You could set up a webpage that references the vrbo listing and code and give a poor review.
posted by k8t at 2:57 PM on August 25, 2011
posted by k8t at 2:57 PM on August 25, 2011
Best answer: The attorney general's office in New York handles rental security deposit complaints from tenants. I'm not sure if they would cover this type of situation, but you could give them a call.
posted by peanut_mcgillicuty at 4:07 PM on August 25, 2011
posted by peanut_mcgillicuty at 4:07 PM on August 25, 2011
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posted by COD at 1:25 PM on August 25, 2011