My landlord violated RSA's by:

1: Charged my over half of my security deposit for cleaning areas of the house that are considered normal wear and tear.

2: Didn't pay interest on security deposit held over a year

3: Didn't advise me or notify me that I have 5 days from moving in to report any problems with the rental unit to the landlord. (NH law)

4: Didn't provide the bank or lending institution of where the security deposit was placed after revieving check or after being requested.

I now live out of state. Is it worth it for me to try to take him to small claims court? Can he be fined for each instance? Can I get reimbursed for travel expenses if I decide to take this matter to court?

Personally, I'd say no, not worth a court battle. I would, though, complain to the state Attorney General, and file a complaint with the BBB. I've had good luck with AG complaints in the past.

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Originally Posted by RickJ

Personally, I'd say no, not worth a court battle. I would, though, complain to the state Attorney General, and file a complaint with the BBB. I've had good luck with AG complaints in the past.

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What sort of resolution would you get from the AG or BBB?

The BBB complaint would just be for good measure... but as for the AG, they will take your complaint seriously and contact the landlord to get his side of the story. Generally, the AG will not "represent" you as an attorney, but inquiries by them are not to be taken lightly. If the landlord does not respond to them - or is shown to be wrongfully withholding your money, then there could be some trouble for him.

Much of it would hinge on what evidence and documentation you are able to provide them.

1. Considered normal wear and tear by whom? The law doesn't define it. Did you get an itemized list of the work done?

2. How much was the deposit? How long were you there?

3. I don't know that he had to advise you. The law states that you have the 5 days it doesn't require the landlord to advise you of it.

4. A clear violation

Another question, was your rental part of a small (5 units or less) or a single family home? If so, the landlord may be exempt form some of those rules.

So basically the landlord did violate the law by not paying you interest and not telling you where the deposit was deposited. But he may not have been subject to those rules. Even if he was, he would be fined, but the fines would go to the state, not you.

The only thing you can sue him for, is the amount of the deposit he retained and the interest possibly due. You have to decide whether its worth it for the amount of money involved.

Not worth it.

BBB is WORTHLESS. You spend time "venting" by completing their complaint form online and they send it to the landlord who fails to respond. BBB then advises next people who call about your LL that he is a bad guy and then they start calling your LL to JOIN THEM to get his rep back... smart landlords won't respond.

AG's office will probably do nothing since you are out of state.

I tend to agree on the BBB, but I disagree on the AG. Depending on the answers to my questions, it may be worthwhile to do so.

First, PMs should only be used for correspondence of a personal nature. If you have a follow up add it to the public thread. Not sure if you wanted an answer but let me comment on your note.

1) You said they charged you over half the $675 deposit. But you also say they paid $250 for the carpet shampooing and charged you for drip pans, the fridge spill etc. I can see that totalling more that $350. So the real point of contention is the carpet cleaning. But that's subjective and I doubt if you would win anything on that.

2) $.18 per month seems kind of low. That comes to .3% annualized. I could see 3%, but not .3%. You could ask for an accounting but really, that would get tou $20 instead of $2. Not a real big deal

3&4) I think the law is vague on the notification but again so they violated the law, All that means is they get fined.

I think you mean a single family house not single room. If so, the property may be defined as non-restricted if the landlord did not own other homes that they rented. If so, the RSA laws may not have applied.

You don't seem to understand how laws work. Most laws are on the books to deter people from doing things that will harm others. Such laws incur penalities for violations. Such penalities could be incarceration or financial or both. In the case of a financial penalty, those funds are paid to the government. Financial penalties are NOT designed to reimburse the individual. That's what civil courts are for. Individuals seek redress of grievances by suing the individual.

Yeah, out of $675 I received $270. He charged me for ridiculous things...

The thing to me is that he was always saying I was the best Tenant. I paid on time. I never had a lot of people over. I reported problems in a timely manner and I respected the property. He said he was really sad to see me go.

Me and my Sister went through the apartment and did a thorough cleaning just short of shampooing the carpets. (Which they did have them shampoed and charged me $250) The landlord found some goo under the crispers in the fridge, a mat stain in the shower and the oven drip pans were tarnished ($55 for new drip pans). Because of this normal wear and tear, I am charged close to $400. It should be illegal.

Now for me to get retribution, I have to travel 1500 miles for a subjective battle. I guess I will just have to file my complaint with the AG and hope that they go to town on him.