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I'm trying to get my deposit back from my ex landlord and…

Customer Question
I'm trying to get...

I'm trying to get my deposit back from my ex landlord and she is trying to deduct the cost of a stop payment check that she says she supposedly sent me that I never got. I have been to the post office 3 times and nothing. Can she do this?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No because I don't have the right to yet.

Lawyer's Assistant: Where is the property located?

New Jersey

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My agreement with my landlord was for a 4 month minimum lease starting December 15 2017. I moved out of the place April 14th 2018. I gave my notice on March 15th 2018. And I paid through the end of April 2018.

Submitted: 3 months ago.Category: Real Estate Law
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Answered in 3 minutes by:
4/30/2018
Real Estate Lawyer: DamienJD, Lawyer replied 3 months ago
DamienJD
DamienJD, Lawyer
Category: Real Estate Law
Satisfied Customers: 5,471
Experience: Attorney. Well versed, understanding, friendly
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Hello: My name is ***** ***** I am an attorney.

I am not quite sure what is happening. Is she saying that she sent you the security deposit minus the stop payment fee because she is saying that she sent it already but will send it again minus the stop payment?

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Real Estate Lawyer: DamienJD, Lawyer replied 3 months ago

Alright. A way to handle this is to make sure you get the money back even if there is a stop payment deduction. That way you have the money in hand and then you can argue about obtaining the stop payment fee. If you argue now about it, she may delay getting you the full amount. You can still demand proof of the stop payment fee, but possibly you would want your money first and then argue it. But it is up to you how you want to handle it.

We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Customer reply replied 3 months ago
The backstory is she never contacted me to pick up my deposit. I wrote to her a week or two prior to moving out that I wanted to do a walkthrough on the 14th and at that time would take my deposit upon acceptance and turn over. She accepted it but didn’t give me my deposit. She then said she tried texting even when I told her to email me so I have everything in writing. She never did. She then said she sent the check out in the mail and it should be forwarded to me. My mail is being held at the post office. I have not received this supposed check in two weeks so I doubt she sent it.
Real Estate Lawyer: DamienJD, Lawyer replied 3 months ago

I understand. She has until the 15th of May to get you the security deposit. Any excuses on her part do not suffice. The only way you as a tenant would be responsible is if you gave her the wrong forwarding address. If she deducts more than allowed, you would bring a small claim against her.

We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Customer reply replied 3 months ago
I got the Check, cashed it at the bank it at the bank it was drawn from to make sure I got it from her. She deducted this stop payment of a check she supposedly said she sent. Should I keep perusing the $25 or wash my hands of it? I shouldn’t have get charged for her stupidity even if she did send a check previously. This lady disgusts me. She is also now slandering my name to the public. I went to the post office and the lady at the counter made comments of how much she got an ear full about me. Is this considered defamation of character?
Real Estate Lawyer: DamienJD, Lawyer replied 3 months ago

Thanks for the update. Glad you got the check and deposited it (even less the $25).

If the landlord was lying about you (saying false statements), that is considered slander (which is defamation). If you want to pursue getting your $25, you would have to go to small claims court. It probably is not worth your time but that is up to you. If you wanted to pursue a slander claim, you would have to go to a higher court that has jurisdiction. You could also write her a letter to tell her to cease and desist.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Real Estate Lawyer: DamienJD, Lawyer replied 3 months ago

Hello again:

I have been happy to answer your question. If you need more, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

______________

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