45 Days Landlord ha...
 

45 Days Landlord has not returned calls or emails about deposit  

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ikory
(@ikory)
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July 15, 2014 5:38 pm  

I moved out May 31st. I gave her my forwarding address twice and sent her a text looking for any kind of update about the deposit.

The fact she has ignored all communication suggest she wont return it.

The deposit is only 500 dollars and stayed there for four months.

Only thing I can think she could charge me for was the oven was not spotless but was not really dirty only used ita few times which I let her know..

I think she thought I left the island which I will in 3 more weeks.

Is 45 days normal? What are my options? I have no idea where she lives.

I dont really care about the money. I just hate to be scammed.


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OldTart
(@the-oldtart)
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July 15, 2014 5:48 pm  

It's unfortunate you don't have an address for her. Does she not live on the property; doesn't anyone know where she is; how did you pay your rent? 30 days is the norm. She should have returned it to you by this time along with an accounting of any deductions. If the only way you can reach her is via text I suggest you text her right now and advise her that if she doesn't contact you in the next two days to let you know where and when you are to pick up your security deposit, you'll have no option but to file claim in Small Claims court. That's a basic first step which may be successful. Come back here with an update!


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ikory
(@ikory)
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July 15, 2014 6:05 pm  

I will give her 24 hours and than I will post the name she gave me. She gave me a 4 letter business account and I dropped rent off into that account. It is a house with 4 apts.

If I dont know where she physically lives any idea how small claims court would work?


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CruzanIron
(@CruzanIron)
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July 15, 2014 6:21 pm  

I moved out May 31st. I gave her my forwarding address twice and sent her a text looking for any kind of update about the deposit.

The fact she has ignored all communication suggest she wont return it.

The deposit is only 500 dollars and stayed there for four months.

Only thing I can think she could charge me for was the oven was not spotless but was not really dirty only used ita few times which I let her know..

I think she thought I left the island which I will in 3 more weeks.

Is 45 days normal? What are my options? I have no idea where she lives.

I dont really care about the money. I just hate to be scammed.

How long was your lease?


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ikory
(@ikory)
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July 15, 2014 6:26 pm  

4 months. Only I lived there.


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Exit Zero
(@exit-zero)
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July 15, 2014 6:26 pm  

You can find the owner and a mailing address of most USVI property on this site.

http://www.mapgeo.com/usvi/


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caribstx
(@caribstx)
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July 15, 2014 6:27 pm  

Small Claims Court...


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CruzanIron
(@CruzanIron)
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July 15, 2014 6:29 pm  

You signed a 4 month lease? I never give less than 1 year leases.


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Afriend
(@afriend)
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July 15, 2014 6:35 pm  

Looks to me like you won't get your deposit back nor will you get any explanation as to why since landlord is ignoring your texts.

As OldTart suggested your recourse is suing in Small Claims Court but you may have a problem since you don't have an address for landlord where the summons can be delivered.

The procedure to file a Claim is explained in detail here: http://www.visuperiorcourt.org/clerk/smallclaims.aspx


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ikory
(@ikory)
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July 15, 2014 6:46 pm  

I found her work address and phone number on these forums thanks to some scholarship post.

I checked out mapgeo website and did not find it.

Thank you all for the info. I will give her 48 hours to make contact with me before filing in small claims court.


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CruzanIron
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July 15, 2014 6:51 pm  

Good Luck! Make sure that you have a signed copy of that lease!


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Alana33
(@Alana33)
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July 15, 2014 7:38 pm  

Has the apt. been re-rented?
Maybe contact new tenant and see what contact numbers address/tel. they have for her, if you are still on island?
Or go to address where you dropped off payment and see if she lives there or anyone residing there knows her.


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OldTart
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July 15, 2014 8:48 pm  

I found her work address and phone number on these forums thanks to some scholarship post.

Her business address is sufficient for service. The small claims process is very simple but there will likely be a long wait before the case is scheduled and you would have to be here in person for it. HOWEVER, usually the threat of a suit is enough with the actual filing of it (costs about $45 I recall) and service of the summons achieving quick results if the threat fails to stir the pot!


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ikory
(@ikory)
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July 15, 2014 8:53 pm  

I am on island for another 3 weeks. I want to take her to small claims on principle but sadly may let it go as it may just waste more money.

I can put flyers on the doors of her current tenants and post her name here as well. There are 2 sides to all stories, but her refusing to give any update on the deposit suggest a bad landlord.


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ikory
(@ikory)
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July 15, 2014 8:57 pm  

I may just file the claim and hope the scare tactic works. I honestly think she figures I have left the island and will just ignore me.

Edit: Just tried to call her and she did not answer.

Sigh


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speee1dy
(@speee1dy)
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July 15, 2014 9:05 pm  

what about consumers? try them and see what they say


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OldTart
(@the-oldtart)
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July 15, 2014 9:15 pm  

I am on island for another 3 weeks. I want to take her to small claims on principle but sadly may let it go as it may just waste more money.

I can put flyers on the doors of her current tenants and post her name here as well. There are 2 sides to all stories, but her refusing to give any update on the deposit suggest a bad landlord.

Before dismissing SCC, check with them to see if you can be represented there by a designate (not an attorney).

DO NOT put any flyers anywhere and DO NOT put her name out on any forums. There are remedies available through the system. Did you send her the text as I suggested? Now that you have a business address for her you should also send her a return receipt certified letter which is short and to the point simply saying that in accordance with your rental agreement you expect full return of your security deposit within two days of receipt and she should call you immediately to let you know where and when to pick it up. If the PO returns the letter to you unclaimed or rejected it'll be stamped accordingly and you retain it unopened as evidence that you made good faith efforts to elicit a response from her (and keep the text messages you sent her too).


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ikory
(@ikory)
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July 15, 2014 9:30 pm  

Yes I sent the text. The letter is a good idea as well. Should I call her office?

Only reason I would want to post her name is just in case she does this to someone else. I told her I was leaving the island and only needed a short lease why I feel she is ignoring me.


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OldTart
(@the-oldtart)
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July 15, 2014 9:44 pm  

Yes I sent the text. The letter is a good idea as well. Should I call her office?

Only reason I would want to post her name is just in case she does this to someone else. I told her I was leaving the island and only needed a short lease why I feel she is ignoring me.

I wouldn't call her office - just get the letter out to her tomorrow if she doesn't respond to your today's text. I've no doubt she's banking on you leaving island but it's to your advantage not to let her know but rather - by writing - let her assume you'll be here to file a suit against her. One step at a time ...

When engaged in anything like this which might possibly end up in court, it's a very bad idea and can be used against you to air the old laundry out on the internet. I know how frustrating it can be but ...


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StCroixBeachBoy
(@StCroixBeachBoy)
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Posts: 95
July 15, 2014 9:45 pm  

There are two other methods of getting the owner's address via public records. You can personally visit the Recorder of Deeds and look up the owner of record by address. The grantee's address (at time of transfer) will be on the deed. You can also find tax bills on the Lt Governors' website; those will have more recent addresses.


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ikory
(@ikory)
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Posts: 203
July 15, 2014 9:53 pm  

Okay I am going to follow those steps. Thank you. I will try the website for the address.


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Afriend
(@afriend)
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Posts: 479
July 15, 2014 10:24 pm  

In the USVI's neither party can be represented by a "personal representative" or an attorney in Small Claims Court - that's reserved only for corporations, partnerships and associations.

If you are only going to be on-island for 3 more weeks you probably should forego SCC since you probably won't get a scheduled court date within that time frame. Even if you did get an early court date the defendant might seek and be granted a postponement. Of course, if you don't show up for your hearing your case will be dismissed.

You can send all the texts and write all the letters you want (which will enhance your SSC case) but if you are not willing to file a SCC action against your landlord you won't have much leverage in getting her to refund your deposit.

As other have said DO NOT post derogatory flyers or notices anywhere or make untoward comments on the internet as she could file a harassment claim against you (in SCC) and if you don't show up for the hearing (because you've left the island) she could win a default judgement against you.


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ikory
(@ikory)
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Posts: 203
July 15, 2014 10:54 pm  

I can always fly back for SCC but I am just thinking she could just lie and come up with 500 in damage. My biggest evidence is she has had zero communication with me.

I will spend over 500 in travel to come back for justice. However, if she lies I will just have been burnt again.

The letters to her current tenants was just a warning that as the lease ended all communication stopped so be cautious. I get it tho. Just if I let this slide she will just do it again.


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AandA2VI
(@AandA2VI)
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Joined: 7 years ago
Posts: 2289
July 15, 2014 10:58 pm  

I am confused, if she has her office address why should she not just go stop by. Play the "oh I thought you weren't receiving my texts:" Don't be mean but just a hi there visit? Was it just a mailing office?

*** The views and opinions expressed in my posts are soley those of A&A2VI and other like minded islanders. These views and opinions do not necessarily represent those of the majority or any/all contributors to this site. Have a GREAT DAY!


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ikory
(@ikory)
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Joined: 6 years ago
Posts: 203
July 15, 2014 11:12 pm  

I am confused, if she has her office address why should she not just go stop by. Play the "oh I thought you weren't receiving my texts:" Don't be mean but just a hi there visit? Was it just a mailing office?

I thought of visiting her office but that may come across as stalking... idk. I might just be venting. I found more about her and her profile really makes her out to be an outstanding citizen. I guess I really want to know why? Maybe 45 days is not enough time.


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