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06-02-2009, 11:34 AM
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Junior Member
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Join Date: Jun 2009
3 posts, read 3,133 times
Reputation: 13
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Need suggestions to get my security deposit back.
Hi, I rent a apartment for 2 years and when we moved out I tried my best to clean up everything. I rent the carpet cleaning vacuum and bought the shampoo to clean the carpet. I bought the grease remover to clean up the kitchen. And I vacuumed every conner before I moved out. But now the landlord want to keep $600 from my deposit which is about half of it. He charged me about $200 for shampooing the carpet even though I have already done this. He charged me $100 for replacing the foyer vinyl floor even though I tried my best clean it. It cannot look like brand new but it is very clean.
The most ridiculous thing is that he said he will need to repaint the whole house. His reason is the entire house is smelly because of the way I cooked and he cannot find where it is from. I am Chinese, I did cook greasy food. But how will the smell stay in the house for ever especially we have already wiped everything before we move out. And he charge me $275 for the repainting.
I told him I cannot accept this and I might go the small court. He said he will do the counter suit and try to get "his lost rent" since he said he cannot rent house to someone else because of the issue I left.
What should I do right now? If I go to the small court do I have good chance to win? The problem is I didn't take any pictures before I moved out. I did not expect this. Or can anyone recommend a good attorney who can help me?
Thank you!
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06-02-2009, 12:42 PM
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Senior Member
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Join Date: Sep 2008
Location: Western Mass
989 posts, read 548,747 times
Reputation: 523
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Did you keep the receipts after buying/renting all the products to clean the apartment?
By law he has to show you an itemized list of what he's deducted from your security deposit. I believe paint is wear and tear. I believe if he doesn't provide this within 30 days of issuing you back your security deposit, he will be at fault.
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06-02-2009, 03:15 PM
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Junior Member
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Join Date: Jun 2009
3 posts, read 3,133 times
Reputation: 13
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Thank you very much for your replying. I will find the receipts for the purchases of cleaning stuffs. Do you think they can be evidences to appear on the court? The landlord did gave me a itemized list within 30 days (but about the last day of the 30 days). But he only provide the receipt for the carpet shampooing. He did not send me any other bill such as for replacing vinyl floor or repaint the apartment.
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06-03-2009, 05:50 AM
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Eastward Ho!
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Join Date: Apr 2008
Location: Branford, CT
2,804 posts, read 1,710,193 times
Reputation: 590
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Quote:
Originally Posted by Leilani Vasquez
Did you keep the receipts after buying/renting all the products to clean the apartment?
By law he has to show you an itemized list of what he's deducted from your security deposit. I believe paint is wear and tear. I believe if he doesn't provide this within 30 days of issuing you back your security deposit, he will be at fault.
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In addition to him being at fault after 30 days of no (or little) explanation or money, I think by law he would have to give you double the amount. Take him to small claims after 30 days, and don't give him any information on what you plan to do. He is obviously not going to give you your $600 back, so let the judge decide.
As leilani said, make sure you have receipts. If you don't, go back to the store where you bought the supplies and ask if they can look up a purchase by CC number, if you used a CC.
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06-03-2009, 07:19 AM
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Senior Member
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Join Date: Jul 2008
Location: Connecticut
825 posts, read 581,710 times
Reputation: 417
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Do you have a lease? Court may not look so kindly on the case without a contract or lease in place. A proper lease will usually say something like "damage that is beyond reasonable wear and tear..." something along those lines. Usually when apartments switch hands, a well managed place will usually get a fresh coat of paint, a full cleaning and a carpet cleaning. I think your landlord is being completely unreasonable. I would plan to take him to court.
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06-03-2009, 12:25 PM
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Junior Member
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Join Date: Jun 2009
3 posts, read 3,133 times
Reputation: 13
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Thank you guys.
The landlord have send me the check (in which he already deduct $ 600) and itemized list within 30 days (about the last day of the 30 days). So I can't use this against him. I have the lease though I will go back and check it carefully.
Another thing is I don't have any evidence other than the receipts for the cleaning supplies, but the landlord may have photos he took just at the imperfections in the house, which will exaggerate the wear and tear of the house (Think about if he took photos of one spot with dirt I missed during the cleaning, I don't have anything to prove that the whole house is clean except that spot.)
And if I need to find a attorney to represent me. Anyone can recommend some good one nearby? I am in Storrs, close to windsor and Willington.
Thanks.
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06-03-2009, 06:22 PM
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By Grace Alone
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Join Date: Feb 2007
Location: New England
3,598 posts, read 2,796,376 times
Reputation: 1197
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Rental cleaners suck. Period. There is a reason we invest 30+K on equipment to service carpets. So yes, the carpets are probably not up to the standards they were when you moved in.
Grease smoke permeates EVERYTHING, so he is spot on with his assessment. Someone will walk in, smell the funk and it will most likely affect their decision on renting the place.
Vinyl if not properly cleaned can get to a point it can no longer be restored.
A piece of my company deals with the aftermath of rental clients and I think the landlord is being fair. I really do.
I would suggest you just walk away and accept he is meeting you half way.
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06-03-2009, 06:44 PM
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Senior Member
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Join Date: Oct 2008
479 posts, read 256,406 times
Reputation: 140
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When someone rents, they are using the premises under the impression it will be returned the same exact way it was right before they moved in. So smells, discolorations, scratches, dents, all count as "different" from when moved in. If a tenant stays 2 years or more I personally don't keep money for painting because I would of had to paint anyway after 2 years. But patching up holes I will keep some for.
Bottom line..tenants should understand the owner is letting you live in their property. Some forget that. Not implying you, Cyhbernite.
Best example...You lease a car,. When you bring it back it needs to be in great condition otherwise they charge you for dings and stuff. Worn floormats they won't because it's simple wear and tear.
Bottom line...I think what he kept was fair. And just like JViello said..it's hard to find new tenants with a lingering grease smell.
Buy a home and enjoy it otherwise you'll have to deal with this each time. Sucks I know.
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11-23-2009, 11:40 AM
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Junior Member
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Join Date: Mar 2008
9 posts, read 8,536 times
Reputation: 10
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I am moving out of a condo at the end of December, after living there for 2 years. My landlord stopped by yesterday for a preliminary walk-through. I am not shocked by the items that are listed. However, he demands that everything is done by a licensed contractor (which I can understand for repairs). One item is that the paint on the risers of the stairs is dirty and it needs to be repainted. He claims that it was from my dog, so it isn't normal wear and tear. I can clean most of this, and the remaining would be wear and tear. What is considered normal wear and tear for paint? Can't I just repaint myself? How often do landlords have to repaint?
The lease states that $200 from the deposit is non-refundable because I have a dog and the carpets will have to be cleaned when we move out. There isn't a single stain on the carpets, yet he demands that I have them professionally cleaned prior to moving out.
My dogs claws have scratched the hardwood floors a bit, but not excessively for having lived there for 2 years. The landlord wants me to have them professionally refinished prior to moving out. At what point does this become normal wear and tear? Hardwood floors don't last forever. Shouldn't I only be responsible for the remaining lifetime of the finish?
I think that my landlord is just mad that he is losing his tenant and is being unreasonable.
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11-23-2009, 03:26 PM
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Senior Member
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Join Date: Dec 2007
Location: Connecticut
1,589 posts, read 1,438,912 times
Reputation: 637
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Can't help on the other stuff, but with the carpet being professionally cleaned that is necessary. It is not because of stains it is because some people are allergic to animals and carpet holds in the hair and animal smell. So he needs to have them done before new tenants who may not have pets move in.
Also with the dogs claws scratching the hardwood that is not normal wear and tear. I have been in a house for about 3 years now with 2 young kids and NO animals and our wood floors still look the same as when we moved in. So you may have to end up doing the floors as well.
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