deductions from security deposit

This is a discussion on deductions from security deposit within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; I rented a house with some other people and we recently moved out when the lease ended. The house was ...

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Old Sep 21st, 2009, 05:56 PM   #1
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Default deductions from security deposit

I rented a house with some other people and we recently moved out when the lease ended. The house was in pretty bad condition (some light switches don't work, some of the wall sockets were missing, holes in the wall, missing screens, broken/unusable blinds). We asked for the screens and blinds to be fixed multiple times, but it was never done. We were new to renting a place so we didn't do much documentation. We talked to the landlord about the damages and said we wouldn't really mind as long as we don't get charged for it at the end. During the year, there was construction due to a leak, and they only completed part of their job telling us the landlord only paid them to do that much work and would require more payment if they were to finish it. So we notified the landlord, and he said to just leave it like that.

Now we ignored those problems, and when we had our initial move out inspection, he said everything looked fine and that we'd only be charged for carpet cleaning. So when the deposit came (on the 30th day after we left the place), he deducted a portion of our deposit, and a plain note saying where the charges came from (personal belongings, which he said he would dispose of himself which was left by other roommates, carpet cleaning, kitchen cleaning, wall cleaning).

We actually cleaned the place before we left and we were never given a chance to fix these problems (which he said there weren't) and the note only had fixed amounts with no details ($100, $200, $200, $100) of how he came to these amounts.

So we contacted him by phone about these deductions and he told us he didn't want to discuss it on the phone. So we emailed him letting him know we cleaned before we left and that he said everything was fine. He replied saying he spent over $1700 in repairs and that we cost him one months rent (because he couldnt find anyone) even though we gave him one month's notice (one year lease). So he didn't reconsider the deductions at all.

After reading a bit, we sent him a certified mail with receipt asking him for the actual receipts of the repairs so we know how much we should be deducted, but after 2 weeks he hasn't sent anything back.
We then emailed him about it and to respond in 3 days, but all he said (on the last day) was thank you for the email; ill respond later this week.

He seems to be delaying this issue as much as possible and ignoring our requests.

Should I be able to sue him for that and how much could I ask for?
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Old Sep 22nd, 2009, 09:03 AM   #2
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Default Re: deductions from security deposit

You can file a claim in small claims court for the deposit back. If the LL is found to have wrongfully withheld amounts, you can get any penalties your state law allows (sometimes 2-3 x the deposit amount).

Unless you are in CA, you don't get a pre-move out inspection and a chance to correct issues. Once you leave and return the keys, your chances to correct issues are over. For this reason, you need to be sure it is clean and in good condition before you return possession.

When you say you cleaned, did you wash down walls? Remove grease from cabinets? Clean under the stove top and inside the fridge? On top and behind (if you can reach them) of all appliances? Did you make sure all personal items were removed from the premises? He can charge you for these things if you failed to do them.

Gather your documentation, witnesses who saw how clean the place was when you left, and file in small claims court.
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