Getting back you Rent Deposits

Where are you located? I would talk to a lawyer if you think this will be a problem. Usually when you mention you already have a lawyer and a copy of the rental agreement in hand, you get your money back faster. Especially if they are playing you for a dumb foriegner. Be strong about it and keep your contact with her.

My daughter recently had a similar experience with a 3 month security deposit. The rental company wanted her to leave the keys with them, and they would go and inspect 'sometime' and then pay the security deposit back. I suggested that she not leave without a joint inspection, at which time she should hand over the electricity bill receipt paid to date, as well as the water bill receipt paid to date.

The rental agent did not turn up for the first few 'joint inspection' dates and simply insisted that she leaves the keys. So, my daughter got a lawyer, who visited the office with her, on her day of vacating the premise. The rental office wanted the keys and an inspection 'when they had time'. The lawyer insisted on an inspection on the day of vacating. When the rental company could not stall any longer, they inspected. It was a clean inspection and all was in order. Then the rental company promised payback in the next week. The lawyer insisted on payback that moment. This argument went to and fro for an hour or two and then they reluctantly paid back the full amount.

We fully believe that if she did not go with a lawyer, she never would have seen her three month's security deposit. The slickness with which they operated, made me think that they do this all this time with medium term tenants... wait till the last moment, till the person has to catch a plane or whatever, and walk off with the security deposit.

It is however something that you have to weigh up... will the lawyer cost more than the security deposit?

Even if the lawyer takes half then you still leave with half - if not you may leave with nothing.

I have dealt with sneaking rental companies in the states and in the DR. Both were bad and tried to keep the money - but when I had a lawyer friend call in both places I got the money back.

The one case that was the funniest was the owner of my place who had not traveled for 5 years suddenly took a trip and was going to be gone for 2 weeks while I was moving out, and he was trying to keep my $850 deposit. All of a sudden when my lawyer showed up at his place he was there, and handed the money over.

Heythere said:

Getting back you Rent Deposits ...I read some of the previous treads on this topic and some suggest not to pay your last 2 months rent. The electric bill is in the landlords name and I always pay it. I suspect if I did not pay the last 2 months rent I would not recieve the electric bill from the landlord and my electric power would be cut off. In any event, I have paid my rent up to and including the month of November and I want to move out at the end of the month of November.
If they refuse to give me the deposits, what are my legal options? What is the process?

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My advise (although late for you, but others may benefit...). You should advise your landlord the exact date of moving, and inform him/her that you will be applying your deposit to your final rent. I've done this several times and never has been opposed. Also, regarding the electric power, you don't need the printed electric bill to pay it, the meter number and address will suffice. Also (next time) you are allowed to change the electric power bill to your name if you live at the address.

There might be another way

No landlord wants an apartment they cannot rent. So, you inform your landlord that you are leaving on such and such a day and that he must be there THAT day with CASH and you will turn over the key. IF he refuses, tell him you are "keeping the apartment" and of course you move on the sly. Lock the door and tell him if he enters it's an illgeal entry and will be reported as a break in.If he gets the clue, he now realises that he cannot rent the apartment, perhaps for months, and therefore will not have any rental income. This forces him to think about the Dominican process of removing a tenant.If I were he, I would not want the lost income.

JOHN

johne said:

No landlord wants an apartment they cannot rent. So, you inform your landlord that you are leaving on such and such a day and that he must be there THAT day with CASH and you will turn over the key. IF he refuses, tell him you are "keeping the apartment" and of course you move on the sly. Lock the door and tell him if he enters it's an illgeal entry and will be reported as a break in.If he gets the clue, he now realises that he cannot rent the apartment, perhaps for months, and therefore will not have any rental income. This forces him to think about the Dominican process of removing a tenant.If I were he, I would not want the lost income.

JOHN

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This is a very long process though, and expensive, that you are suggesting.
The landlord would claim you are still a renter if you keep the apartment, and then he has the right to keep the deposits, and as it still is a dispute, you would need to pay rent. Not to the landlord, but by deposit it.
So if you actually have moved you will end up, for the time being, without your deposits, paying rent on 2 apartments...
When you finally get the deposit back, you are to pay rent anyway for the extra time.

Best way is always to live up the deposits whenever that is possible.

Never pay more than 2 deposits when moving in ( and 1 rent ). Nothing else is legal to ask for.

If you move out, and need to get the deposits back, I agree with Chris and her previous post.

As a sidenote, as a renter you are to leave the apartment as it was found so to speak. If you get too nasty with the landlord, you might end up in getting deductions on the deposit anyway, even if you leave the apartment in a better standard. I.e if the walls were white when you moved in, and you painted them peach, he can - and correctly in accordance to law & rules - deduct to buy paint, from the deposit...

So go as focused, but as smooth, as you can.

By law, all deposits originating in a lease should be deposited by the landlord in the Banco Agricola. Most landlords, however, don?t do it unless they have to start legal action against the tenant.

Live out the 2 months. If the rent was not deposited into Banco Agricola, you have almost no chance of getting your money back in my experience and going by what others have posted on this board.

Advise the landlord of moving date and request that they be there at a certain time on that date to inspect the property. Do not advise the landlord that you'll be there with your lawyer. Arrive with your lawyer, have all your receipts and copies as well as your contract ect. When the inspection is done, if there are any charges to be paid, haggle about them and agree on a fixed amount. Then go with your landlord and lawyer to the bank/office/home where your money is, hand over the keys and take your money. If they refuse to show up for inspection of property - get your lawyer to call and make an appointment with them.

Where are you located?

Stay well,
Amy

P.S. the point is, don't do this without your lawyer. If you don't want to hire a lawyer then live out your deposit. Either way, get a signed copy of your letter informing your landlord of the departure date, outlining as well date of entry number of months paid rent and amount of deposit ect.

amy2761 said:

... P.S. the point is, don't do this without your lawyer. If you don't want to hire a lawyer then live out your deposit. Either way, get a signed copy of your letter informing your landlord of the departure date, outlining as well date of entry number of months paid rent and amount of deposit ect.

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"más cara sale la sal que el chivo" (old DR campesino saying)

Unfortunately in the DR, lawyers and legal fees usually turn out to be more costly than a couple of months rent. Additionally, DR lawyers have a bad habit of selling their clients to the highest bidder, in this case to the landlord, unless the lawyer belongs to the family or is an employee of your company, which is not the case for most people.

Mirador said:

"m?s cara sale la sal que el chivo" (old DR campesino saying)

Unfortunately in the DR, lawyers and legal fees usually turn out to be more costly than a couple of months rent. Additionally, DR lawyers have a bad habit of selling their clients to the highest bidder, in this case to the landlord, unless the lawyer belongs to the family or is an employee of your company, which is not the case for most people.

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Eso si es verdad ... forgot to mention that the lawyer is this case (because, yes, I've been through this recently) was a good friend of mine and therefore there was only a small charge ... lunch! lol I always say that it doesn't really matter who you know, what makes the difference is who knows you.

Stay well,
Amy

I don't think so

amy2761 said:

Advise the landlord of moving date and request that they be there at a certain time on that date to inspect the property. Do not advise the landlord that you'll be there with your lawyer. Arrive with your lawyer, have all your receipts and copies as well as your contract ect. When the inspection is done, if there are any charges to be paid, haggle about them and agree on a fixed amount. Then go with your landlord and lawyer to the bank/office/home where your money is, hand over the keys and take your money. If they refuse to show up for inspection of property - get your lawyer to call and make an appointment with them.

Where are you located?

Stay well,
Amy

P.S. the point is, don't do this without your lawyer. If you don't want to hire a lawyer then live out your deposit. Either way, get a signed copy of your letter informing your landlord of the departure date, outlining as well date of entry number of months paid rent and amount of deposit ect.

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I am a landlord in the NYC NJ area and have sat on this side of the fence for many years, including this past weekend when I had a tenant moving out on Sunday. I only speak from experience in this part of the world. NO experienced landlord would be intimidated by a lawyer standing by a tenant
and being asked to return the deposit now. There are a godzillion excuses he could use not to return the money on the spot or feel obligated to go to the bank and get the money. It just won't happen if he doesn't want to return the money. No way. If the OP has suspions about the ethics of the landlord, she should live out the term and not use the tactic you suggest.
Only my 2 pesos-but take the advise of a L.L. that doesnt like to return deposits. Can I be more honest than that?

JOHN

johne said:

I am a landlord in the NYC NJ area and have sat on this side of the fence for many years, including this past weekend when I had a tenant moving out on Sunday. I only speak from experience in this part of the world. NO experienced landlord would be intimidated by a lawyer standing by a tenant
and being asked to return the deposit now. There are a godzillion excuses he could use not to return the money on the spot or feel obligated to go to the bank and get the money. It just won't happen if he doesn't want to return the money. No way. If the OP has suspions about the ethics of the landlord, she should live out the term and not use the tactic you suggest.
Only my 2 pesos-but take the advise of a L.L. that doesnt like to return deposits. Can I be more honest than that?

JOHN

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John, remember this is a country where baseball is very popular. As a landlord In the DR you may someday run into a tenant's friend who decides to hit a homerun off your knee caps. What are your 2 pesos worth in this situation? Many would rather put the local wiseguy on commission than a lawyer.

My 2 peso are worth

HOWMAR said:

John, remember this is a country where baseball is very popular. As a landlord In the DR you may someday run into a tenant's friend who decides to hit a homerun off your knee caps. What are your 2 pesos worth in this situation? Many would rather put the local wiseguy on commission than a lawyer.

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exactly 2 pesos. I gave a suggestion only. If the O.P. knew how to get her money back she would not have posted. She is looking for advise and that's what I gave her--landlords dont like to give deposits back. Plain and simply. I dont care if he's Dom. or American or Chineese.Be prepared NOT to get your money back - baseball bat or no baseball bat. (BTW they have baseball bats in Brooklyn NY)

Again, only my 2 pesos-maybe 1 peso?)

By all means, "live out" the 2 months' deposit. It's your best option.

Thing is, your two months deposit is alot of money, even for your landlord. Chances are the landlord is panicking trying to figure out where the hell he is going to come up with your deposit from since he spent it long ago.

Do him a favor and live out your deposit. Otherwise even if you do get it back, it's going to be a slow process and you will be stressing the whole time thinking you are getting ripped off.