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-   -   Unreasonable "Damages" Withheld from Security Deposit (https://www.askmehelpdesk.com/showthread.php?t=362761)

  • Jun 8, 2009, 10:58 AM
    HelpNeededInTX
    Unreasonable "Damages" Withheld from Security Deposit
    I am in Texas. I have questions about deductions from my security deposit in relation to normal wear and tear.

    We moved out of our rental house on April 30th and received the return of deposit postmarked May 21st. We had lived in the residence for 31 months, never called for any repairs, and the one time a payment was late was due to a postal snafu (late fees were paid).

    Prior to move-out we were given a very detailed list of requirements for the move out. Although we thought some of them very silly (wash the interior and exterior of all windows) we complied. We hired a cleaning crew and a crew to handle the yard maintenance. In fact we weren't happy with the job that the cleaning crew did and stayed over three hours doing more cleaning ourselves. And although it wasn't requested we had the carpets professionally cleaned.

    The Damages listed are as follows:

    Cleaning:
    Clean Oven
    Clean Vent-a-Hood
    Clean & Remove stained shower floor*
    Clean ceiling fans
    Clean dirt from sliding door track
    Clean shelf outside kitchen window
    Clean front entryway and front door

    Flooring:
    Repair damage to ceramic tile
    Attempt to remove various stains in carpet
    Repair tear in bathroom vinyl*
    Attempt to remove multiple large greasy/oily spots in garage*

    Electrical:
    Replace light bulbs*

    Windows & Window Coverings:
    Replace broken vertical blinds in den*
    Replace missing blinds in two bedrooms

    Miscellaneous:
    Repair damage to top corner of stove/range
    Broken sink/drain in master bathroom
    Broken sink/drain in 2nd bathroom
    Broken lid on master bathroom commode*
    Repair broken cross members and slat in fence

    I have placed an asterisk next to items that I would not dispute. However I have issues with many of the other "charges". When do things go above and beyond reasonable? For example taking the list of items above:

    Cleaning
    Except for the sliding door track all of these items were cleaned once by the cleaning crew and then by my family. I will admit that we didn't clean the sliding door track because it wasn't on the landlord's to-do list and it wasn't something we thought of doing. The shelf and the front entryway, these are things that are outside and while we cleaned them before we left I have no idea how long it took for him to check them. Nature does leave its own mark.

    Flooring
    The ceramic tile was cracked when we moved into the residence and if I can find out move-in pictures I'd be able to prove this. Stains in carpet? We lived there for almost three years and even had professional carpet cleaners come after we moved everything out. Even if there were still stains couldn't this be considered wear and tear?

    Windows & Window Coverings
    I have pictures of the rooms upon moveout and there were no missing blinds.

    Miscellaneous:
    The corner of the stove was damaged before we moved in. We had actually replaced the heating unit in the stove when it went out. The broken sink/drains weren't broken when we moved out. And the fence was old and broken when we moved in. We replaced boards and fixed the gate many times before we moved.

    All feedback and knowledge is appreciated.
  • Jun 8, 2009, 11:32 AM
    excon

    Hello:

    The landlord is supposed to, not only include what was wrong, but HOW MUCH he paid to fix and/or clean it. It should all be detailed on an itemized bill.

    Unless I knew how much he charged to repair and/or clean each item, I couldn't tell you if he ripped you off or not. Just for your information, wear and tear doesn't include ANY broken stuff. If it's broken, it's not worn.

    excon
  • Jun 8, 2009, 12:33 PM
    HelpNeededInTX
    Thank you for the response.

    Each itemization was addressed with a corresponding dollar amount. In total they were a little over $500. However, I'm not suggesting that I was ripped off due to the amount being charged. In fact, I would consider the dollar amount charged for each item fair.

    That being said I don't even want to pay a fair amount for items that I don't feel I should be charged in the first place.
  • Jun 8, 2009, 01:01 PM
    ballengerb1

    Your LL is trying to keep as much of your money as he can get away with. If he charges you for a burned out light bulb you know its just to take you to the cleaners. I have a slightly different read than Excon on some broken things. Some things work until they break and you may not be at fault like with a door knob, lock or light switch.
  • Jun 8, 2009, 01:13 PM
    excon
    Quote:

    Originally Posted by HelpNeededInTX View Post
    That being said I don't even want to pay a fair amount for items that I don't feel I should be charged in the first place.

    Hello again, H:

    I don't blame you. Sue the LL in small claims court for what you believe you were overcharged. Bring your pictures, and your receipts for the cleaning service, and let the chips fall where they may.

    Small claims court is quick, cheap and easy.

    excon

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