Condo owner security deposit (Minneapolis: renters, how much, month to)

[jill1]

Hi,

I lived in a condo (in famous building in downtown Minneapolis) owned by an individual. I lived there for about one year. The lease was 850 amount for security deposit.

I gave proper notice and spoke to the owner about if he would want to use the security deposit for the last month's rent. (The lease was month to month).

He said, no he will return the same with in two weeks of my moving.

So I sent him the last month's rent additionally.

I helped him in showing the condo to the future renters as he said he will not be able to make it and asked this as a favour.

On the day I was supposed to leave, I informed him again and he said just leave the keys at the reception. He will not be able to come. So I did.
After a long follow up, he finally sent me a check of security deposit: but deducted 250 dollars without letting me know. He added:
- Painting charges : $200
- Cleaning: $50.

And now obviously he is not answering his phone.
I made sure to click the pictures of the condo when I moved in and OUT.
(When I moved in, he did not get the condo painted or anything done as such. There was nothing mentioned in the lease about the same either).

More than anything, I feel cheated at this behaviour. Is there anything I could do about it?

I used to send the check on the name of "Eclectic Living LLC". I dont think its there on BBB or anywhere as such.

Thanks for your responses in advance.

[trip_shakespeare]

Unless you are a smoker, in which case there are additional steps involved in painting, you shouldn't be charged at all for painting - unless there is a clause stating such in your lease. As for the cleaning charge, I wouldn't contest that unless you left the place absolutely pristine.

As for the $200, politely explain that the condo was not newly painted when you moved in and that, legally, you cannot be charged for "normal wear and tear." If this doesn't see him returning your $200, threaten legal action. If that fails, take him to small claims court.

Good luck!

[Mason3000]

Like most people you learned the first rule of renting the hard way.....never pay the last month's rent, just let them keep the deposit. They won't like it, but who cares, you're moving out. Someone's gonna get screwed. If you pay the last month's rent, it's you. If not, it's the landlord. You have the power to decide who it is, until the landlord gets the last month's rent, then he's got the power to decide who gets screwed.

Like TS it's my understanding that you can not be charged for "Normal wear & tear". So forget the $200. I wouldn't pay the cleaning fee either, unless that was stipulated in the contract. I wouldn't even threaten legal action, obviously this is his business model & he doesn't care. I'd sue him in small claims court (I had a roommate that once sued the landlord for refusing to give our deposit back, stating the same defense & to my surprise, months later he won in small claims court + interest. It's a numbers game for the landlord. Most people will never take action against him & just end up letting it go so it's just good business not to pay. I would also look into filing a claim with the Better Business Bureau against "Eclectic Living LLC". Don't threaten, just do, my .02

[jill1]

Thank you all for the replies and pointing out the lesson. He said he could split the cost 50% with me. I guess I will just let him have 125 dollars.

[Mason3000]

Originally Posted by jill1

Thank you all for the replies and pointing out the lesson. He said he could split the cost 50% with me. I guess I will just let him have 125 dollars.

What a guy! Like I said, it's a numbers game, most people end up rolling over & letting him keep the money. It virtually ensures he'll do the same to the next victim.

[jill1]

Yes, I agree. More than anything, I wonder if it is more of how much time vs worth of the money is for people.
Threatening would work in most cases, I agree; but if you end up going to a small claims court - I wonder if it would involve travelling to that particular court, hiring lawyer, etc.

(But, I appreciate your quick replies and honest and intelligent opinions.)

[xandrex]

Originally Posted by jill1

Yes, I agree. More than anything, I wonder if it is more of how much time vs worth of the money is for people.
Threatening would work in most cases, I agree; but if you end up going to a small claims court - I wonder if it would involve travelling to that particular court, hiring lawyer, etc.

(But, I appreciate your quick replies and honest and intelligent opinions.)

Small claims court is meant as a way to solve smaller claims issues without needing a lawyer. In reality, you should be able to defend yourself, or at least that's how I've always had it explained as. Traveling to court also really shouldn't be an issue. I assume small claims happens in downtown Minneapolis like many of the other courts?

[Mason3000]

Originally Posted by jill1

Yes, I agree. More than anything, I wonder if it is more of how much time vs worth of the money is for people.
Threatening would work in most cases, I agree; but if you end up going to a small claims court - I wonder if it would involve travelling to that particular court, hiring lawyer, etc.

(But, I appreciate your quick replies and honest and intelligent opinions.)

As Xandrex said, small claims court is a court with no lawyers. The show "Judge Judy" is a good example. You go in & explain your claim to the judge, i.e. "I was a good renter, never damaged anything, even paid my last month's rent & he said he was keeping the deposit to re-paint & put in new carpet which I had never damaged except for general wear & tear. Here your honor, I took a few pictures to show you" and then the judge will ask him his side & make a final decision. I'd bet dollars to donuts the landlord will pay in full + any court costs (what it costs you to file the claim in Small Claims Court) + a few bucks for your time/effort (bus fare, parking lot reimbursement, etc) rather than appear in Small Claims Court. The judge knows this scam from the landlords & likely won't be very sympathetic & he knows it.

That said, I don't blame you for just moving on, it's a pain in the azz & as I've said before that what the landlord is banking on.

[1stpontiac]

Originally Posted by Mason3000

As Xandrex said, small claims court is a court with no lawyers. The show "Judge Judy" is a good example. You go in & explain your claim to the judge, i.e. "I was a good renter, never damaged anything, even paid my last month's rent & he said he was keeping the deposit to re-paint & put in new carpet which I had never damaged except for general wear & tear. Here your honor, I took a few pictures to show you" and then the judge will ask him his side & make a final decision. I'd bet dollars to donuts the landlord will pay in full + any court costs (what it costs you to file the claim in Small Claims Court) + a few bucks for your time/effort (bus fare, parking lot reimbursement, etc) rather than appear in Small Claims Court. The judge knows this scam from the landlords & likely won't be very sympathetic & he knows it.

That said, I don't blame you for just moving on, it's a pain in the azz & as I've said before that what the landlord is banking on.

I have to admit I did the exact same thing once. Got my deposit back from the landlord with a note that ~$200 was withheld for painting and cleaning, and I was quite annoyed, but busy doing remodeling on our new place and I ended up just saying screw it. The landlord was a lawyer, too, so that didn't help my enthusiasm to fight it.

[Kayekaye]

Yes it is fairly easy to go to small claims court. Just register pay a fee, and show up. I've won many cases with my boss' clients not paying. It is a numbers game with the offender thinking the offended won't do anything. It was downtown in the court house.