My question involves a security deposit in the State of: Idaho
Any help would be greatly appreciated. My story is pretty convoluted, and I am not sure what to do. I hope this makes sense...
To begin, my husband and I began our lease in 2006.
The landowner decided to switch companies about in 2008. The original management company transfered our deposit to him, and we have proof of the exact amount he cashed. He released money to the new company, but it was not the full amount. When we signed the new lease with the new company, we failed to see that there was money missing...Dumb mistake!
We caught the mistake when we applied to have a new pet added to our lease and we had to pay more pet deposit. At that time, we caught the missing money and brought it to the new companies' attention. We brought them the receipt from the previous company showing how much the landowner received and cashed. They apologized and said they would deduct that amount off the new pet deposit. We have that pet lease stating that we only had to pay a certain amount, and it is initialed by us and the company manager. Unfortunately, it does not state exactly why they deducted money from the deposit, but I am hoping it is proof enough that they accepted responsibility for the missing money.
Fast forward to today. We put in our 30-days notice on time. In our letter, we stated that our deposit could be returned to our new address. We received a letter back saying the company didn't have the missing money, and that they would be sending a copy of our letter to the land owner to see what happened to it, and would get back to us when they received a response from him. We never heard anything back.
The inspection went okay, and they were given our new address tor return the deposit to. It has now been 28 days from the time we moved out, and we haven't received anything back from them. They verbally claimed they have 30 days, but I know that by law, they only had 21 days.
I sent a certified letter today demanding the return of our deposit from 3 days of their receipt of the letter. Today marks the 30th day since the termination of our lease.
Here are a few questions I have:
• Are they responsible for the missing money? If we receive the deposit but it is missing the money, is that pet lease proof enough to be able to sue them, or are we going to have to sue the landowner?
• If we receive the deposit before the 3 days are up, can I still take them to court? Even if we receive our deposit within 3 days of the demand letter, it will be well past the 21 days as allowed by Idaho law.
• The law states that past 21 days, they have to return the deposit in full. Does this exclude any amounts the lease said we have to pay for certain things like x-amount deducted for carpet cleaning?
Any help at all would be appreciated. If you've made it this far down, thanks for reading through everything.