Need Advice

Donna

I hate to say this but the return of a deposit in STT is a problem. I would write the owner and tell him that you are going to take him to court if your deposit is not returned. Send it registered and have it notarized. Then if you don't get your money back then go to court whenever, or just chalk it up to a bead person. Tell everyone what he has done. But in the end Carma will get him.

On the flip side getting a month's rent from a skipped owner is also a problem.

There is no justice.

billd

Depending on your lease they could have had up to 2 months to return your deposit or and explanation of why they did not return it. Sometimes you don't get it back or don't get all of it back obviously, but they should have at least sent you a letter explaining all the charges in writing. Do they have your correct mailing address?

Also make sure you didn't do anything to violate your lease and give them cause to keep the deposit, like moving out early, etc...

Obviously two months have gone by so I would first try going over there and talking to them and if they say they are not going to return your deposit, tell them you will need that in writing and what the charges where, and then follow up by mailing them the same thing in a letter with a signed confirmation. Then you will have to wait for small claims court. Document everything from the time you moved out. If you have pictures from when you moved out even better. I take pictures before and after every move out as a landlord. Ain't no lying with pictures.

But theres nothing you can do but wait for small claims court if they refuse to pay.

I find it very hard to understand -- How can a licensed Realtor not know the laws and remedies regarding contracts for this type of problem?

I rented an apartment, moved in March and still have not received security deposit back or an accounting. Have contacted owner and been give several excuses but no results. Any advice? Small claims is not accepting cases until 2010. Anyone know rental laws on deposits?

You`ve only been there 2 months,was the lease for a year?
You get your security deposit back when you leave.
Your RLA is your receipt of the deposit.

I'm with ExitZ on this.....seems a little odd...you (OP) are a realtor who actively handles rentals as well as sales, judging by the number you have posted about here. It would seem that you (and other realtors in whatever office you work in) should/would be well versed in the rental ins and outs, which would, I would think, include the best way to deal with deposits etc.... but then, perhaps you're looking for a more creative solution....

I don't get it either. Were you on a month to month rental and were you required to give 30 days notice before vacating the property? When I got my real estate license back in the states we were well versed in landlord tenant laws. Maybe it is different here on the island.

Not sure if the laws in the VI differ from the states? However in my experience working in the apt / rental industry here in the states for over 5 years I know that almost all of the laws in the states favor tenants. In many cases, even when they are clearly in the wrong. With that said, I would try direct contact and the other ideas offered by those who live in the islands who have the know how (assuming you aren't asking for a return deposit after completely wrecking the place. 😉 ) If that doesn't work, I would consider contacting a rental / real estate attorney here in the states, or possibly locally, or asking for a favor if you know / work with one already who works in a different field. Sometimes just the letterhead of an attorney can get balls rollng that were otherwise solidly perched at the top of a hill .

Best of luck

Did you mean you moved OUT in March?
Doesn`t the real estate agent act as property management & hold the security deposit(as a neutral party, usually in a interest bearing account,but not necessarily)...
until the end of the lease term?
My understanding the property managemant charges around %10,finds the clients, does the credit check & retains the security deposit....
When the term is over, the deposit is returned(minus any damages beyond normal wear & tear)
Am I wrong?

DUN your right about the deposit the management charges are usually more like 15% for long term and 25% for short term. But some owners do prefer to get the deposit themselves so the realtor's do not hold on to it.

As a realtor you should know to read the contract before you sign it. There was a contract wasn't there? Doesn't your real estate company retain an attorney you could ask?

Thanks for all the advice. I know that after 45 days the owner has to provide an accounting which hasn't been done. I have contacted the owner numerous times and received excuses (Such as 'I haven't received the bill from my maid.', etc.) but nothing in writing from her. I am looking more for creative ways besides the Small Claims Court idea to force the matter. As long as she has no motivation to pay there isn't much I can do.