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-   -   Landlord keeping way too much of security deposit. (https://www.askmehelpdesk.com/showthread.php?t=265496)

  • Oct 1, 2008, 12:37 PM
    juzmma
    Landlord keeping way too much of security deposit.
    Hey everyone, ill try to keep this brief. I live in nh. There was no final walk through with the landlords. I moved out aug. 31. I got the security deposit check on oct first. The envelope was postmarked on sep 30, so I think they just made it there. But here's another problem, out of $1,000, I only got back 242. The only justified deduction was $133 for the balance of rent owed and a $50 late fee for that. Even for that they charged $193! They also charged us 135 in eviction notice fees, they're saying they had to pay a lawyer $15 for each tenant (3 of us) each time our rent was late (3 times). What's worse, we paid the extra 15 each two out of three times! Also there were charges for a broken window $50(that was broken when we moved in), 3 window blinds $50(not damaged), trash removal $60 (city didn't pick up all our trash outside, so they claim), stove fan screen damaged (I cleaned it to discover it was being held there by grease, so it wouldn't go back on after I cleaned it. Gross!), holes in the walls $75 (we patched them all up, even the ones that were there before we moved in, yet we still get charged. And these are screw/nail holes, not sledgehammer holes.), kitchen cabinets damaged $60(there was a leak under the sink that was going to the first floor, the landlords called us to let us know and told us to put a bucket under it. I reluctantly obliged, fearing they would never fix it. They never did and are now charging us), french door damaged $125 (supposedly my roomie shaved off the top of the door. I don't believe he did, but even if he did it was because the door wouldn't shut. So if he did that than wasn't that improving the apt cause now the door actually functions?). I am so mad! These landlords are the same people who,when we called cause there were cockroaches when we moved in, told us that we have to pay to remove the roaches cause we must have brought them with us when we moved in. the nerve! I spoke with them about this unreasonable sec. dep. Check and they were not budging and said if we go to court they will charge us more. BAD NEWS: I have no documentation or pictures other than original lease. GOOD NEWS: the itemized list came with only the list of deductions, no invoices/receipts. I doubt they have any. But knowing them they might just draw up their own. Sooooooooooo... what should I do? Also, if I choose to go to court, am I supposed to not touch the check they did give me, or should I take what they gave me for now? I could really use the $$. Thanks for reading all that and thanks in advance for your advice.
  • Oct 1, 2008, 12:42 PM
    ScottGem

    In my experience I wouldn't bother going after them. They are not required to provide receipts as part of the itemization. But I would be very surprised if they weren't covered.

    Since you have almost no proof of your claims, I think you would be wasting your time trying to sue them. Especially when you acknowledge some of the charges are valid.
  • Oct 2, 2008, 07:59 AM
    rockinmommy

    I'm afraid I have to agree with Scott on this one. It's probably not worth the time and effort and chance you wouldn't prevail.

    You can certainly check your state's landlord / tenant laws. There's a "sticky" at the top of this forum with a link for each state. You might find something in there that would strengthen your case.

    Typically, the burden of proof is on the tenant's shoulders to disprove the landlord's claims, not on the landlord to prove them. They would just need to be able to produce receipts.

    If they had kept the whole thing I think it says something more about their "intent", but since they did return something to you it will probably appear to a judge like they weren't just looking to rip you off.

    Sorry, I know that's not the answer you wanted to hear.
  • Oct 2, 2008, 11:43 AM
    juzmma

    I talked to them today and they're going to give me back the $10 they just added and the $90 they charged us that we already paid. Ill take the $100, cut my losses, avoid court, and move on with my life. Thanks for your advice!
  • Oct 2, 2008, 11:48 AM
    ScottGem

    Sounds like a wise move.

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