[mbit434]

I apologize for the length of this post, but I wanted all the details to be included. So, my problem is that I am a college student and had a lease that ended in August, however my classes ended in May, so one of my roommates had asked the landlord if it was all right if we sublet, and he replied yes. After the lease ended, she also asked him when we were getting our security deposits back to which he replied in about 30 days.

It is now late September and no one has their security deposits. I e-mailed my landlord at the start of September asking for an update about the security deposit since I had not received a single e-mail from him regarding anything, no itemized list of damages or anything. He responded after a second e-mail saying he was busy but he would send it in another week. Satisfied, I waited but two weeks later received nothing. I asked him about it and he said that he had sent me a $1000 check (out of a $1200 deposit) and that now he was going to stop payment on the first check and resend it, charging me another $35. Unsure about what the initial $200 was for, I asked and he replied it was for the following:
1. Subletting without my permission which is in the lease.
2. Carpet cleaning which will have to be done after the current tenants leave because I could not get in to your room because of the sublet that you arranged.
3. The entire property was left filthy. Because you were on the lease with the others you are being held responsible.

The first two items I feel are especially unfair given that he did indeed give me permission to sublet. Also, I felt it unfair that he try to charge for not being able to enter my room during a period when I was paying to occupy it. As for the third item, that seemed like it could be fair, however that would be $200 split across 5 people living there for a total of $1000 cleaning bill. I'm not really sure how accurate/reasonable that seems, but that also seems wrong since some people on the lease are remaining on the lease for the next year (I had moved out). Thus, he is trying to bill me for the mess of the current tenants, who obviously wouldn't have cleaned up for his visit since they were still living there.

Ideally I just want my deposit back, but I am looking into options to pursue should he try and refuse to return it to me. After a little research I've realized that because he did not submit a detailed itinerary of damages within 30 days, he cannot actually charge me for anything (does that include the $35 stopped check fee?) I've also read that I could attempt to countersue in small claims court for twice the security deposit. However, I did not immediately send him a forwarding address (although I'm pretty sure he already had the address on file), so I'm not sure if I would be able to get double the deposit.

Does anyone know if I am missing something that I should be aware of? It feels like he is trying to take advantage of college students who won't bother fighting him. Thanks!

[excon]

I apologize for the length of this post,

Hello m:

Don't apologize. Just make it shorter if you want a good answer... I didn't read it, and it looks like nobody else did either.. But, your heading was enough for me...

If you did NO damage, he can't keep ANY. If he DID, sue him in small claims court. When you go to court, take the pictures you took when you moved out.

excon