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    salmartin's Avatar
    salmartin Posts: 2, Reputation: 1
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    #1

    May 27, 2008, 12:43 PM
    Partial Return of Security Deposit
    My landlord only returned $200 of a $1200 deposit. If I cash the check for $200, will the affect my claim in small claims court? I do not want anyone to think I accept only the $200.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #2

    May 28, 2008, 12:38 PM
    What reasons did they provide you for not returning your deposit in full? Did you cause damage to their apartment? Did you back out of a lease agreement? In most states, the landlord is required to give you an itemized deduction showing why part of the deposit was withheld.
    salmartin's Avatar
    salmartin Posts: 2, Reputation: 1
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    #3

    May 28, 2008, 12:42 PM
    Quote Originally Posted by salmartin
    My landlord only returned $200 of a $1200 deposit. If I cash the check for $200, will the affect my claim in small claims court? I do not want anyone to think I accept only the $200.
    Cleaning... he is claiming it took $1100 to clean the apartment - and yes, he itemized it.
    300 for cleaning the carpet
    300 for painting the apartment
    500 misc. - clean bathroom, wash walls in kitchen, etc.
    All cleaning.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #4

    May 28, 2008, 12:48 PM
    If he deducted $1100, then you should only have gotten $100 back... something's not right here.

    Did you do a walk-through inspection with the landlord prior to vacating the apartment? This is a very important step that many people neglect and end up paying for later.
    ChihuahuaMomma's Avatar
    ChihuahuaMomma Posts: 7,378, Reputation: 608
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    #5

    May 28, 2008, 12:53 PM
    They charge so much for cleaning the apartment because they have to pay someone hourly to do so. They are charging for labor, supplies, and time. It would have been better to clean the carpets and things yourself.

    Also, as this8384 pointed out, the math doesn't add up.
    Justice Matters's Avatar
    Justice Matters Posts: 210, Reputation: 27
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    #6

    May 28, 2008, 06:37 PM
    Unless there is some written agreement stating that deposit of the $200 check constitutes a full and final release between the parties then you should be free to deposit it without prejudice to any Small Claims Court action that you may wish to bring.

    Incidentally, there are several arguments that canbe advanced with respect to the landlords cleaning charges depending upon the particulars of your situation.

    1. The work was not necessary (if this is the case).

    2. The costs are excessive (if you can obtain quotes for less).

    3. The landlord chose to incur these costs to improve the apartments appeal in the marketplace.

    4. The costs are a normal cost of doing business for a landlord when re-renting an apartment.
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