Can I Get My Deposit Back In Full?

[SarahEPeters]

Hello,
My roommate and I just recently moved from Montana to Washington State and we're having an issue with the realty agency who handles the property we used to live in.
Were weren't given a written list of cleaning issues that we were eventually charged for nor a chance to clean before a final walk through. When we were finally sent the remaining deposit and a list as to what we were charged for, it was past thirty days after our last day of residence. Also, the list given was incomplete, stating only what the charges were for, not the actual cost of each item.
We sent a letter quoting Montana State Landlord - Tenant law and asking for the entirety of our deposit but were informed by them that we "don't understand the law".
We concede that may be so, but we've looked through the laws online and can't see what we're missing if anything. We don't trust the realty agency to look out for our best interest in this matter so, please, can someone tell us if they're bound by law to pay us the full sum? And if so, is our only feasible option litigation?
Thank you for your time,
Sarah & Bryce

 

[army judge]

Hello,
My roommate and I just recently moved from Montana to Washington State and we're having an issue with the realty agency who handles the property we used to live in.
Were weren't given a written list of cleaning issues that we were eventually charged for nor a chance to clean before a final walk through. When we were finally sent the remaining deposit and a list as to what we were charged for, it was past thirty days after our last day of residence. Also, the list given was incomplete, stating only what the charges were for, not the actual cost of each item.
We sent a letter quoting Montana State Landlord - Tenant law and asking for the entirety of our deposit but were informed by them that we "don't understand the law".
We concede that may be so, but we've looked through the laws online and can't see what we're missing if anything. We don't trust the realty agency to look out for our best interest in this matter so, please, can someone tell us if they're bound by law to pay us the full sum? And if so, is our only feasible option litigation?
Thank you for your time,
Sarah & Bryce

This is another classic scam.
They know the law.
You know the law.
They knew how to take your money.
You knew how to pay them.

Here's the problem for you.
You're in WA.
They are in MT.
You can't sue them in small claims in WA.
You'd have to return to MT to sue them.
They know it'll cost you all (or most) of the deposit to return to MT.
You'd have to return several times before you'd eventually win.
By then, it makes pursuing a legal remedy financially unsound.

For this to be worth it financially, you'd have to have at least a $10,000 deposit.

What's the entire amount of your deposit?
Probably less than $2,000.
That's why they are playing dumb.
That's why they won't refund the deposit.

One last insult to your already injured psyche, I'll bet these thieves aren't law-abiding Americans, are they?
Yeah, they don't understand that you now understand.
But, they have no intention of giving you your money.

There is one sure fire way to get your money.
It works for cases like yours.
You can call one of the television legal shows.
They'll pay your way out to their studio, and when you walk out, you walk out with a check for your entire deposit.

So, you get a trip to Chicago, LA, or some large city; appear on tv; get paid.
You get hotel, airfare, meals, a stipend (for your tv appearance), and your deposit.
Otherwise, they keep your money and play dumb!

 

[SarahEPeters]

Thank you for your reply but I'm really not sure what their nationality has to do with... Never mind, either way they're American, born and bred.
Also, it's not about the money so much as what's right. Being treated like this isn't right and if it means going to court to teach them a lesson then so be it. I just would like to know if that's really my only option.

 

[army judge]

Thank you for your reply but I'm really not sure what their nationality has to do with... Never mind, either way they're American, born and bred.
Also, it's not about the money so much as what's right. Being treated like this isn't right and if it means going to court to teach them a lesson then so be it. I just would like to know if that's really my only option.

We have enough American born and Americanized scammers and con-artists to go around, too.
I'm not wrong about your legal remedies, however.

Back to your problem.
You can't make anyone do anything.
You can only request them to obey the law.
If they choose to ignore what the law demands them to do, only a court can order them to obey.

Now, be advised, even if you prevail in small claims court; you don't walk out with a check.
The court will give you a judgment.
You must then collect on that judgment.
Only on Judge Judy do you walk away with your award.
In real life, you get a piece of paper with teh court seal.

You take that paper to the court clerk.
You file the judgment.
That costs more money.
You then pay the sheriff or a constable to assist you in enforcing your judgment.
That enforcement is usually seizing the loser's assets.
The sheriff then sells the asset, and you get the profit from the sale.
This takes time, and isn't easy.
It also costs MORE money.

The only way to make others do something, is take them to court.
They know the law as well as you do.
They also know that you can't touch them.

In order to sue them, you have to return to MT.
You can't sue them in WA.
A WA court can't assert jurisdiction over citizens of another state in a smal civil matter such as this.

Besides, this dispute stems form a dispute over funds that originated in MT.
You've already given them notice that they must return your deposit.
You've provided them with the statutory cite.
They feign ignorance of the law.

How else do you make them LEGALLY return your money.
You take them to court, if the voluntarily refuse to obey the law.
The only court that has jurisdiction over them in this situation is a court in their state.

If they don't voluntarily choose to obey the law, you have no other legal avenue available to you.

 

[SarahEPeters]

Thanks again, I (we) really do appreciate your time. So it's off to court we go then even if it means finding a lawyer in Montana. Sounds rough but so be it.

 

[army judge]

Thanks again, I (we) really do appreciate your time. So it's off to court we go then even if it means finding a lawyer in Montana. Sounds rough but so be it.

You don't need a lawyer.
You can sue in small claims.
A lawyer will save you travel expenses.
I hope you get your money back from these crooks.