Hello everyone,

So I left Hawaii for Arizona (yay!) and I gave my landlord my new address to send my rental deposit of $1400.

 They claim to have sent it out via usps with NO TRACKING 20th of last month. I still have not received it.

Finally was told today, after calling a million times, that I need to pay a cancellation fee for the check?! I told them I have a friend ok the area that can pick up a new Check and he will send it to me via UPS with tracking and they are giving me an excuse of another woman's father passed and it is hectic in the office and all this other BS.

Tomorrow is obviously Saturday and I doubt it requires that much energy to write a new check and give it to my close friend. Any advice on what to do or any attorneys? Thanks my friends.

Hello everyone,

So I left Hawaii for Arizona (yay!) and I gave my landlord my new address to send my rental deposit of $1400.

 They claim to have sent it out via usps with NO TRACKING 20th of last month. I still have not received it.

Finally was told today, after calling a million times, that I need to pay a cancellation fee for the check?! I told them I have a friend ok the area that can pick up a new Check and he will send it to me via UPS with tracking and they are giving me an excuse of another woman's father passed and it is hectic in the office and all this other BS.

Tomorrow is obviously Saturday and I doubt it requires that much energy to write a new check and give it to my close friend. Any advice on what to do or any attorneys? Thanks my friends.

By law they must pay you, or give you a detailed list for why they are withholding any or all of it, within 14 days of you returning the keys and vacating the property.  If they have no documentation proving they actually mailed it (tracking, signature receipt), then you have the right to file a claim in small claims court, and you may be awarded 3 times the amount of deposit if they willfully withheld the deposit from you beyond the deadline.  Of course, there are other circumstances that can alter the deadline, so without knowing what all transpired, this is not a definitive answer to your problem.

Here's the Hawaii law. 

The landlord wrongfully and wilfully retained a security deposit or part of a security deposit, the court may award the tenant damages in an amount equal to three times the amount of the security deposit, or part thereof, wrongfully and wilfully retained and the cost of suit.

http://www.capitol.hawaii.gov/hrscurrent/vol12_ch0501-0588/HRS0521/HRS_0521-0044.HTM

Hawaii landlord tenant law states that your deposit must be returned in 14 days with written reasons why any deductions if any are charged.
If  not received in 14 days, you can receive as much as 3x's the amount of security from landlord.
I believe the landlord tenant code is HRS 541.
Tell your landlord that !

If I were in your shoes, I would file the claim now.  It's been 21 days. 

Once the landlord has been served, they will probably try to send you the $1400.  I'd keep the check and not cash it.  I would go forward with the claim for 3 x $1400 = $4200, just on principle. 

My experience with landlords in Hawaii have been they have the attitude the deposit belongs to them no matter how you leave the property.

Since they neither sent you the refund nor documentation of damages to the property, they forfeited any claim to the deposit after 14 days.

Teach them a lesson!!

Also, for court purposes it would help if you document every call date, time and discussion (or lack thereof). And if you can back it up with phone records that will help your case as well.

If you have anything from them in writing that says you will be returned your deposit make sure you keep a copy for court and include it with every correspondence you have with them.

You are not required to pay the check cancellation fee. It is not your problem nor concern. They are jacking you around. Send them a demand letter ASAP with signature required to verify delivery. If it is returned do not open it. Keep a copy of the letter for court purposes just in case they do sign for it. In the demand letter quote the Hawaii HRS that MD so graciously provided here. You will have to wait for the letter to be delivered with proof of signature returned to you. Or you will have to wait for the letter to be returned unsigned for. After that file your small claims case. It might also be helpful for court to put together a timeline of events to show the judge how patient you have been.

The big question is do you have photos of how you left the premises? Otherwise in court the manager might try and get damages from your deposit. It would be helpful if you can get them to write something that says they sent you the deposit check already. That would sew up your court case in case they try to get damages and you don't have photos.

Good Luck!!!

I appreciate the help, I am in Arizona and won't be leaving. It says In the HRS that a lawyer cannot represent either party, so how should I go about this? Thanks again!

Also, for court purposes it would help if you document every call date, time and discussion (or lack thereof). And if you can back it up with phone records that will help your case as well.

If you have anything from them in writing that says you will be returned your deposit make sure you keep a copy for court and include it with every correspondence you have with them.

You are not required to pay the check cancellation fee. It is not your problem nor concern. They are jacking you around. Send them a demand letter ASAP with signature required to verify delivery. If it is returned do not open it. Keep a copy of the letter for court purposes just in case they do sign for it. In the demand letter quote the Hawaii HRS that MD so graciously provided here. You will have to wait for the letter to be delivered with proof of signature returned to you. Or you will have to wait for the letter to be returned unsigned for. After that file your small claims case. It might also be helpful for court to put together a timeline of events to show the judge how patient you have been.

The big question is do you have photos of how you left the premises? Otherwise in court the manager might try and get damages from your deposit. It would be helpful if you can get them to write something that says they sent you the deposit check already. That would sew up your court case in case they try to get damages and you don't have photos.

Good Luck!!!

Once the landlord busted the 14 day deadline, they can no longer claim any part of the deposit no matter how they try to justify it.  The tenant could have left holes in the living room walls, but if the landlord doesn't send a letter saying there's damage in 14 days, too bad for them!  The landlord can't hold onto the deposit for any reason past 14 days.  On the 15th day, if they haven't mailed it or a letter claiming damages, they can't keep it .... period.

Since they said they mailed it on the 20th of Nov, they can't then say there is damage anyway.  That is their admission they owe the entire amount. 

If they try to produce records that they mailed it on the 20th with no documentation of damages, they can't later go back and claim damages.

I almost forgot, I have been recording every conversation, they even stated my deposit was $1400 on a recording.

My wife and I took pictures of the entire appartmen so we are good there. Thanks again

I appreciate the help, I am in Arizona and won't be leaving. It says In the HRS that a lawyer cannot represent either party, so how should I go about this? Thanks again!

I'm not a lawyer, but you may be able to send a friend or family member her a Power of Attorney letter to represent you.  That should suffice for them to file the claim and serve the papers to the landlord.

If the landlord decides to go to court, you will have to appear.  No way around that.

You should call the court clerk and ask, since I'm sure this happens once in a while with all the military we have renting here.


Small Claims:
http://www.courts.state.hi.us/self-help/small_claims_info.html


Claim for withheld security deposit:
http://www.courts.state.hi.us/docs/1FP/1CP856.pdf

I almost forgot, I have been recording every conversation, they even stated my deposit was $1400 on a recording.

My wife and I took pictures of the entire appartmen so we are good there. Thanks again

If you have any proof, written or spoken, where they admit they owed or already sent you the entire $1400 deposit, that negates any later claim you owe for damages.

If they wind up paying you $4200, you can likely justify the cost of traveling to court.  You do risk the court date being postponed at the last minute and wasting a trip, though.

I believe most landlord/tenant cases are required to go through mediation before a judge will hear it.  That might be something you can do over the phone/Skype.  Something to ask if you call the court clerk.

Guys,


Thanks again!

Hawaii landlord tenant law states that your deposit must be returned in 14 days with written reasons why any deductions if any are charged.
If  not received in 14 days, you can receive as much as 3x's the amount of security from landlord.
I believe the landlord tenant code is HRS 541.
Tell your landlord that !

CORRECTION
HRS 521 is the landlord tenant code and MD's link is from there.
Sorry MD, I did not see your post.
We were probably posting simultaneously but I was using Rockettes phone to text.
First time so it probably took me 5 minutes to do so . 

Question is whether you have to return to Hawaii to file suit in the event that diplomacy doesn't work.