[rtr12793]

Hi,

Here is the situation:

-Rented a house for one year, paid a security deposit of a month and a half's rent (approx. 1,740).
-Noted everything when moving in, provided that list to landlord.
-Moved out on July 31st at end of lease.
-Just this week, received a letter stating there were damages in excess of $3,000. So now they are charging us and billing us for the difference.
Some of the items include:
-1,500 for painting
-200 for debris outside
And various cleaning and other absurd charges.

-The landlord visited during the year and even commented how nice the house was kept so some of the charges are unfair and it seems like, since we moved far away, they are trying to take advantage of the fact we might not be willing to fight it, plus we are younger.

Most of the charges can be disputed and shown to be false. We've just been given the bill. Should we commence a small-claims lawsuit to sue before or what action should we take?

The other thing is, the lease states that the security deposit or a list of damages must be sent within 45 days of moving out. We moved out on July 31st. The letter was dated Sept. 12, which is within the 45-day window, but was actually post marked on Sept. 18th and we didn't receive it until Sept. 20th. It seems that the landlord noticed this and dated it six days earlier to cover themselves but we have the postmark date proving otherwise. Is that enough to recover the entire deposit?

What else would you advise?

Thanks

[rockinmommy]

Whew, RTL! You could go a few different ways on this.

On the technicality of the date they MAILED the letter you could take them to court. Check your states LL/tenant laws, there's a link for each state in the first post in this forum. Many states allow you to recover twice the amount of the deposit, or some other amount, if the landlord does not follow the rules about returning the deposit.

Based on the list they sent you, you could reply in writing with a "list" of your own stating exactly what you believe should not be withheld/charged and why. If you have any evidence of various conditions (pictures taken showing how you left the place, etc.) that may strengthen your case with the landlord and make them take you more seriously. Basically negotiate with them (in WRITING - can't stress that enough)in an attempt to change their minds.

Or you could just go straight to small claims court and sue the landlord for whatever amount you feel you have coming to you. These cases come down to who presents the best evidence to back up their story. If you don't have any photos, witnesses who heard the landlord say how nice the place looked, etc I probably would use this option as a last resort. If the landlord has receipts for actually having the work done (however unnecessary much of it may have been) you would need to have actual proof that the work was unnecessary.

Good luck!
Karla in TX