Is this realtor's behavior unthical or unlawful? (real estate, rental)

[NY2AL]

I was renting in a house last year and moved out last month.
As requested by the lease contract, I notified both the owner and the agent my moving out date one month before hand.

At the time of moving out, I requested the agent to meet in the house to turn in the keys and inspect the house. The owner is remote, out of town.

The agent could not meet with me in the house because she was not available. Then, she asked me to drop the keys to her office. I did so before the lease termination time. She said she would inspect the house the next day after I turned in the keys. After I moved out, I again requested the agent to inspect the house, and I asked again if there is any problem with the house.

Three weeks pasted, the agent did NOT indicate any problem with the house, neither she contacted me regarding the house. So, I assume they agreed there is no problem with the house.

Then, three weeks later, the owner claimed that there are some damages to the house and the owner cannot return my deposit. They didn't show any evidence, simply saying they had to repair the house. And I know there are no damages, or notable damages.

Is this agent/owner's behavior unethical or unlawful? I think they are supposed to show me the damage with the house when I moved out, not three weeks late. It is not my responsibility for anything after I moved out and returned the keys. What the law or specific regulations are there in Alabama to apply to this kind of situation?

Thanks a lot,

Pissedofftenant

[MiamiRob]

I don't know the real estate laws in Alabama since I practice in Florida but the lease should have spelled out the terms regarding the return of the security deposit and inspections after vacating.
The first mistake was returning the keys without having a final inspection done. You should have waited until the realtor was available to do the inspection & handing over the keys. Anybody in the six weeks after you turned in the keys could have vandalized the property and now they are blaming you for it.
Since the realtor is the property manager & you said the owner is remote if they want to lay clain to your deposit they should be able to provide you with evidence & a list of the property damages supposedly incurred by you. Is it unethical behavior? Not really but negligence does come to mind.
At this point it seems like your last resort is to take them to court and sue them to recover your deposit. I would also approach the broker/owner of the Realtor's office and make your concerns known & that you will be filing a complaint against them with the state's agency that governs Real estate in Alabama.
Hope that helps and best of luck!

[ISellSarasota]

I am also not in your state but I would like to ass to Rob's comment that I would like to suggest you contact your Division of Consumer Services and inquire about the Landlord/Tenant Laws in your state.

I would think that they would be required by law to submit proof of repairs to the "damages". I wouldn't take this lying down. I would fight it.

I used to live up north and I can tell you that if a landlord claimed damages they had to give the tenant the opportunity to fix it themselves. If they declined then the landlord had to get several quotes and provide proof that the repairs had been made.

Next time make sure you never turn keys in without an inspection. Lessons we learn in life.

Good luck!

[cpg35223]

Originally Posted by ISellSarasota

I am also not in your state but I would like to ass to Rob's comment that I would like to suggest you contact your Division of Consumer Services and inquire about the Landlord/Tenant Laws in your state.

I would think that they would be required by law to submit proof of repairs to the "damages". I wouldn't take this lying down. I would fight it.

I used to live up north and I can tell you that if a landlord claimed damages they had to give the tenant the opportunity to fix it themselves. If they declined then the landlord had to get several quotes and provide proof that the repairs had been made.

Next time make sure you never turn keys in without an inspection. Lessons we learn in life.

Good luck!

This would be my advice. Did you put everything in writing?

[Keeper]

Here you go.. The owner must provide you with a list within 35 days after termination of the tenancy, must provide the tenant with an itemized list of amounts withheld.

Alabama Security Deposits


Alabama SECURITY DEPOSIT
Limit: no more than one month's rent unless an additional fee is required for pets.

Termination of Lease: Money held by the landlord as security may be applied to the payment of accrued rent and the damages that the landlord has suffered by reason of noncompliance with the tenant's obligations under the Act.

Failure to Return: If the landlord does not refund the entire deposit, the landlord, within 35 days after termination of the tenancy, must provide the tenant with an itemized list of amounts withheld. If the landlord fails to mail a timely refund or accounting within the 35 day period, the landlord must pay the tenant double the amount of the deposit;

Damages: While the Alabama Landlord is required to keep the unit in a safe and habitable condition, the Alabama Tenant is required to maintain the unit they live in - not to damage the unit and to immediately notify the landlord of any problems and to provide access for emergency repairs

[KIMsPropertySalesSTPeteFL]

I know this may be salt in the wound but I had an experience similar years ago in college. My deposit was taken for damage that occurred after I vacated.
After that mess I took pictures and had a neighbor witness before I left a rental property.