Check out some similar questions!

meandyou · Oct 8, 2006, 09:08 AM

Hello

I rented an apartment for 1 year. Recently when the owner returned the security deposit he made deductions for the following items:
- Cleaning toilets and kitchen.
- Getting pest control done even when there were cockroaches before we moved into the house.
- Doing steam vaccuming in the house even though there was no particular stains on the carpet anywhere.
- Deducting money for an appliance which was anyway old and not working properly.

When we moved into the house the house was very dirty and we spent a lot of time cleaning the house. However, the landlord has very conveniently forgotten that and has made very unreasonable deductions.

My question is what recourse do I have to get back some of the money that he had deducted which I think is being very unreasonable.

Thank you for your response.

excon · Oct 8, 2006, 09:17 AM

Hello me:

It's easy for me to say what you SHOULD have done, like take before and after pictures, and documented your situation by letter to him.

But, that is then, and this is now. Of course, you have recourse. Sue him. Check with your states landlord tenant law to see if he followed the exact procedures for returning the deposit as outlined in your states law. You can find a copy at the top of this forum.

Ordinarily, you are not responsible for normal "wear and tear", and it sounds like he's trying to charge you for that. Even if you don't have documentation, maybe he doesn't either. It's cheap to file your claim, and who knows, you might win?

Go get him. I hate landlords who do that.

excon

ScottGem · Oct 8, 2006, 10:32 AM

Unless you have proof of the condition of the house when you moved out, this will be a tough one. The landlord will probably come to court with itemized bills from his contractors showing damage that needing repair.

If you don't want him to get away with it, then take him to small claims court. But you should weigh the time and effort you will need to expend vs the amount you may regain.

s_cianci · Oct 8, 2006, 08:17 PM

Did you document these repairs that you made when you first moved in (pictures, receipts, etc?) Did you report those appliances that were not working at the time you moved in? If not then you probably have little recourse. You can go to small claims court for the difference between your original deposit and the amount that's been refunded to you so far. The prospect of getting hauled into court may make your landlord cough up the rest of your deposit. If you end up going to court, be prepared to present all the facts to the judge regarding repairs you've made and the condition of the appliances when you first moved in.

meandyou · Oct 9, 2006, 03:06 PM

What makes matter worse is that the landlord is himself a lawyer. Given that the landlord is lawyer he might just be looking for a way to pick fight. I guess small claims court would be one option.

I don't have any pictures before and after so I can't really prove the way the house looked before.

Looks like it wouldn't be easy.

scri8e · Nov 9, 2006, 02:31 PM

Depending on what state you are in. Also depending if you are, or are not in a rent control area. You may be able to get your entire security deposit back. Let me explain.
In CA as of Jan 1, 2006 law was passed and now applies for a Mandatory PRE-Inspection 2 weeks to 2 days before move out. This is for NON-rent control areas as well as units in a rent control area. The tenant must sign off the right to have a pre-inspection. I do not know
what other states this law has been applied too. If this pre-inspection was not done and you did not sign off your right to have a pre-inspection and you are in the state of CA or if your state has also passed this pre-inspection law. Then chances are you will be getting your entire security deposit back.
=IF= this LL is truly a Lawyer. He certainly isn't a Landlord/Tenant Lawyer. Sounds like he is blowing smoke. File a small claims suit if the above applies to you.

If the above does not apply to you in your state, and you don't have pics you are probably sunk. Can't hurt to try though.

Cvillecpm · Nov 9, 2006, 03:09 PM

If you have documentation as to the property condition when you moved in - YES. Documenting the move-in condition with photos and a written report is your BEST guarantee that you won't end up with deducations from your deposit.

Cleaning should not have been necessary if you maintained the home during your tenancy and cleaned it prior to departing Yes, cleaning the carpet after a year should have been done even if you didn't see stains - there should never BE stains as there are very good over-the-counter products to clean up stains when they happen.

MicaM · Nov 9, 2006, 05:57 PM

*He is responsible for Pest control, not you.
*He is responsible if he chooses to steam the carpets.
Worn/stained carpets are his responsiblility... Imagine if he made all former tenants
Pay to clean the carpets. That is his problem.
*You are not responsible for old appliances!

Get an attorney... go to legal assistance or to your local
Housing resource center, they will also help.

He knows you are not responsible for these things.

The toilet and sinks should have been left clean, though, so he can charge you for that.
Best of Luck.