Security Deposit (damaged item never listed in the final inspection)

I moved out of the house I was renting 15 days ago. Eight days ago I got a copy of the final inspection listing what was wrong and needed fixed. It stated the cost to repair the items and also stated what I would receive back monetarily. They intended to return the amount listed to me after the trash bin which I was using at the house was removed by the trash company. My name was off of the garbage account 9 days ago. There was miscommunication at the trash company, so the trash bin was just picked up yesterday. I called my landlords and told them that it had been removed and they agreed to meet with me and give me a check for the above amount. Four hours later, I received a phone call saying they had found some other damage and it was going to be deducted from the deposit as well. Can they still charge me for the damage even though they never listed this item in the final inspection? And they never mentioned when I had talked to them earlier in the day? I feel like I should have been informed about it earlier. We discussed this on numerous occasions and it have never been mentioned before.

[OHlandlord]

I don't know what state you are in, but each state has a time limit (also called a disovery period) to return a deposit. Most states use a 30 day period, but it can range from 14 to 60 days depending on the area. The LL can hold your deposit for that period to allow him time to find damages to the unit, as long as he sends an itemized statement and any balance back to you by the end of that time period.

You are probably still within your state's time period. As long as the damages are discovered within that period of time, and before another tenant takes possession, he can charge you for them. The inspection sheet is usually done at a very short inspection, which often does not catch all the damages to a unit. For instance, when you did the walk through, did the LL try every plumbing fixture, turn on every water source, check every drain, every light/fan in the house? Did he turn on the heat, the A/C, the oven? Check the fridge for proper temperature? Look at the roof, spouting, flush the toilet? Probably not, but those are things that I have found damaged by tenants over the years. Those things don't turn up in the short walk-through, but do show up within the discovery period.

I've even found things that looked fine at first, but later turned out to need repairs. (Chrome fixtures in a shower that looked fine, but discolored after 24 hours because toilet bowl cleaner was poured on them. Sink sprayer that looked OK, but came out in my hand when I tried to use it because the tenant had cut it off. Roof that leaked a week later because the tenant's children had climbed out a window and walked all over the roof.) So you see, that final inspection doesn't cover everything. You can argue the matter in court if you disagree with their deductions. When you get the final statement from them, send them a dispute letter detailing anything you disagree with. If you can't come to an agreement, you have the right to take them to small claims court. Good luck.

Thanks for the feedback. The time period is 14 days in my state. And we had discussed the final price and have a letter stating this is the FINAL INSPECTION notice. Everything was said and done and they were supposed to meet with me to drop off the check. They never contacted me until they needed to fix something else with the money. It may be my damages but I feel after that final phone call and final paperwork they should be responsible. I have been very understanding about them not fixing the house when it needed repaired. And fixed a lot of stuff myself. I even went without electric downstairs because of an electrical short for a year and a half. They never fixed it and knew about it the whole time. I have never been through anything like this before and just need some suggestions. Thanks again for your help on the situation.

[OHlandlord]

Let me give you some suggestions for the next time you rent.

When there is a problem with the rental, do not wait a year and a half. Everytime you need something fixed, write a letter to the LL explaining what needs fixed and why. Send it to him by certified mail, return receipt requested. Keep a copy for yourself. This creates a paper trail to prove that a) you asked for the repairs & b) the LL got your notice. (Paper trails are VERY important to have for proof in court.) He should take care of emergency repairs within 72 hours (or at least start on them), non-emergency repairs within 30 days, cosmetic repairs may not have to be repaired during your tenancy. For emergency repairs, call the LL immediately, then send the letter. Note on your copy when the LL responds & what he plans to do. Note when he fixes it (or not). If he doesn't meet these time periods (or other time periods as set forth in your state law), you can look into taking the next step.

Call your local court. Inquire if you can a) repair & deduct in your state. (Not legal everywhere) Have the problem repaired and subtract the amount of the repair from the next rent. Send him the reduced rent and a copy of the receipt. Or b) Rent withhold with the court's approval. (Also not legal everywhere) Pay your rent on time as usual, but to the clerk of court or into an approved escrow account. The clerk notifies the LL that they have his rent. This way the LL can't evict for non-payment. The LL can't access his money until he proves to the court he has made the repairs. Or c) ask the court to order that the repairs be made. They can issue a court order to the LL to force him to repair. Or lastly, d) break your lease for failure of the LL to uphold his obligations to repair. Only after documenting all of the above very well. Sometimes you also have an option e) Contacting the health department, building (code) inspector, or housing office. Have them inspect the unit and cite the owner for the violations.

These legal options would have made sure he handled these types of problems in a reasonable time. Every tenant should know what options are available to them.

As for your deposit, I was guessing you had a usual 30 day period. If the time limit for your state has already been reached, they cannot now make you wait longer to get the statement and deposit. (What state are you in?) Unless they did a new statement and mailed it with your deposit on day 14 (the last possible time), they cannot now wait to deduct for more repairs. Send a challenge letter to them and quote the state statute that details the timelimit for return of deposits. Ask for the amount they were going to return to you before they found those other repairs. If they don't comply, you may be able to sue in small claims court for all of your deposit back. Good luck and keep the above in mind for future problems.

THANK YOU VERY MUCH FOR YOUR ADVICE. I LIVE IN WASHINGTON. I APPRECIATE YOUR TIME AND EFFORT ON THE SITUATION. THANKS AGAIN

[OHlandlord]

An additional note for your state:

Your LL is required to have kept your deposit in a seperate account. Did he notify you during your tenancy of where your deposit was being kept (what bank, what account #, etc)? In some states, if he fails to notify you in this manner, you have the right to your deposit back. Check Wash. Revised Code Ann. 59.18.260 to 59.18.285 for security deposit rules.

Very helpful answers. I live there too and have a similar issue developing!!!