Apartment security deposit finally returned after 4OYS probe

Posted at: 02/06/2012 10:45 PM | Updated at: 02/07/2012 9:00 AM
By: Peter St. Cyr, 4 On Your Side

Moving is always a chore and usually expensive -- especially for people who rent apartments.  

For Albuquerque resident Tracy Wenzl moving also turned into a frustrating experience.

Wenzl contacted KOB Eyewitness News 4's Four On Your Side team after waiting three months for the managers of Del Rio Apartments on Montano Road NW to return her security deposit.

Landlords are allowed to collect those deposits to protect themselves from damage and from tenants who leave their apartments in a dirty mess.

State law requires those deposits to be returned within 30 days.

“When I moved out they said I'd get my deposit back within 30 days,” Wenzl told 4OYS.

For three months, Wenzl checked her mailbox for a check. It never came.

She could not understand why managers stopped returning her calls and e-mails and insisted her apartment was clean when she moved out.

“They specifically said there were no damages,” Wenzl told KOB. “I upheld my end of the obligation and I'd just like to have the deposit back.”
  
Wenzl was only owed $25 but was determined to get her money back.

She did not want to hire an attorney or go to court, so she decided to ask 4OYS for help.

“It's the principal of the thing,” Wenzl said.

Our team called a district manager for the apartment complex.  That manager promised to look into the problem.  Two hours later, we learned the deposit would be paid the next day.  It was.

“I wish it hadn't had to come to this, but I'm really glad that it just took one phone call to you guys and the next day it appears to be resolved,” Wenzl said.

There are several resources available for renters who have problems with their landlord:

Legal Help:
Contact Law Access New Mexico online or contact them toll free at 1-800-340-9771.

You can also go to small claims court. If you win, landlords can be ordered to pay you several hundred dollars in fines on top of what they owe you for the deposit.

New Mexico Renters Guide:
A comprehensive renter’s guide is available from New Mexico Legal Aid.


Housing and Tenant Resources:
Find out about workshops and other resource materials here.



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