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I live in the state of CT in a Greystar apartment complex.

The complex is owned by...
I live in the state of CT in a Greystar apartment complex.
The complex is owned by Greystar but is called The Waypointe. I moved from one unit to another and had to put down a second security deposit of $500 (they already had initial $500 for first apartment)
They have had my initial deposit for over 100 days since I've moved into my new apartment. I have not received any answer or indication of when I will get this back, just that "it should be soon".
Should I be suing?
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Answered in 5 minutes by:
8/15/2017
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 42,157
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by JustAnswer and you are under no obligation to accept.

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Yes, you should definitely be suing them in small claims court for failing to refund your first deposit if they didn't send you an itemized invoice within 30 days of vacating that used it all up.

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You can also sue for penalties of $250 in addition to your deposit under CT law for their failure to comply..

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See Connecticut General Statutes Annotated § 47a-21

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thanks

Barrister

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Customer reply replied 10 months ago
Hi Barrister,Is $250 the max for penalties, or do this increase with the amount of time out of the lease term?Appreciate your insight.

Nope, there are actually other penalties of twice the security deposit...

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(2) Upon termination of a tenancy, any tenant may notify his landlord in writing of such tenant's forwarding address. Within thirty days after termination of a tenancy, each landlord other than a rent receiver shall deliver to the tenant or former tenant at such forwarding address either (A) the full amount of the security deposit paid by such tenant plus accrued interest as provided in subsection (i) of this section, or (B) the balance of the security deposit paid by such tenant plus accrued interest as provided in subsection (i) of this section after deduction for any damages suffered by such landlord by reason of such tenant's failure to comply with such tenant's obligations, together with a written statement itemizing the nature and amount of such damages. Any such landlord who violates any provision of this subsection shall be liable for twice the amount or value of any security deposit paid by such tenant, except that, if the violation is the failure to deliver the accrued interest, such landlord shall only be liable for twice the amount of such accrued interest.

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(k) Penalties. (1) Any person who is a landlord at the time of termination of a tenancy and who knowingly and wilfully fails to pay all or any part of a security deposit when due shall be subject to a fine of not more than two hundred fifty dollars for each offense, provided it shall be an affirmative defense under this subdivision that such failure was caused by such landlord's good faith belief that he was entitled to deduct the value of damages he has suffered as a result of such tenant's failure to comply with such tenant's obligations.

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So you can sue for 2X the deposit plus the $250 fine..

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thanks

Barrister

barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 42,157
Experience: Attorney over 17 years, landlord 26 years
Verified
barristerinky and 87 other Landlord-Tenant Specialists are ready to help you
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Customer reply replied 10 months ago
Follow up question- is there something I can submit online or do I need to go to town hall? Do you have a website for form?
Thanks !

No, you can't sue someone online.. You actually have to go down to the local courthouse and file a summons and complaint with the court clerks (they will have the forms) , swear it is accurate, pay any filing fee, and then get the sheriff to serve it on the defendant (clerks help with that too).

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thanks

Barrister

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