Landlords taking their own water bill charges from my security deposit? (apartment, lease)

[HelloAgain07]

Hey guys! I have a landlord/tenant question. So, I got my security deposit check back...They returned $500 of the $1100 that I paid as security deposit. They didn't deduct anything for damages because there were none. Rent was paid up, no trash left, apartment was "broom-clean." They did, however, charge me $50 for six monthly water bills they received during my lease and some other bogus stuff. I NEVER had to pay for water and it's nowhere in my lease that I have to pay them for water. There's four occupied units in the building--nobody pays for water. In January, one of the landlords (husband and wife) went door-to-door screaming at everyone that the water bill was getting too high and threatening to charge us if it kept going up. I brought up the fact that she just had a couple move in with a baby--does a new tenant not push the bill up? I mean, that's kind of obvious, is it not? Not to mention the fact that my toilet leaked pretty regularly into the apartment downstairs which I and the girl downstairs complained again and again until they finally came to fix it three weeks later. We had a major issue back in November 2010 when there was no hot water for almost THREE weeks so we all called L&I to make complaints. I guess they're trying to get revenge, but they can't get away with that, can they? I thought damages were only for actual damages. I didn't cause the leak, so how can they charge me the excess water usage? And for half the year?

[HelloAgain07]

Oh, and the copies of the bills they gave me show that they basically didn't pay the bill for four months straight. They're pretty much trying to get me and the other tenants to cover their debt, no?

Also, I meant they took out $500 from $1100. The other 200 was for cleaning (?) and returning my keys late. I sent the keys certified on a Friday, which was when I moved. They didn't receive them until Monday, so they charged me $15/day, which was mentioned in the lease. $150 for cleaning, though? I left that place clean and have pics to prove it. I even painted up spots they never finished when I moved in.

[Angus215]

i'm not sure about the cleaning bill - i've lived in different states and in some states they can charge you for cleaning even if you left it clean. the water bill seems pretty open and shute, however. i would sue him in small claims court, which does not require a lawyer. once he gets the court papers, he will probably just give you your money back rather waste his time and money on a lawsuit that he knows he will lose.

[bigh110]

if its a shared meter for a whole building they can't charge you and it sounds like you have a boiler system for hot water shared by the whole building. this is why place like that advertise the "heat and hot water" are included in the rent if you have a individual water meter for your place and your lease is vague and says you are responsible for all "utilities" he might have a leg to stand on in court. Its all in how they write the lease you signed

[kimrocktherealtor]

They legally cant charge you for this if its not in your lease that you pay for water.

[Lovegun]

I assume this was a year lease and and they only charged 6 months? Very fishy. Have you spoke with the landlord about this? I'm sure in your rent agreement it says landlord will pay for water. Send him a copy of that highlighted and threaten to take him to small claims if he doesn't return the money.

[HelloAgain07]

Hi, everyone. Thanks for the feedback. Let me tell you about my conversation with one of the landlords about the bogus deductions.

The husband told me that he can charge part of the water to me because I was forewarned that the bill was getting too high. I told him that he could not do that because the bill was not my responsibility AS STATED IN MY LEASE. He said that his lawyer informed him that he could make deductions for any exorbitant bill costs and minor repairs that were paid on behalf of a tenant. I told him that charging me for half a year of bills when there was no proof that I contributed to the spike was ridiculous. He told me that the bills were split evenly among the tenants that were there at the time, and my share totaled about six months, which he listed as one charge. I told him that there was no way that that was legal or logical. He told me to "talk to (his) lawyer." I asked him for the name of his lawyer and he hung up on me. I called back and, obviously, noone answered.

That was probably the most ridiculous conversation I'd ever had. As I said, I'm sure none of it is legal. I have an appointment to see an attorney because now I'm sure I'll have to sue them in court for my money. I've never rented from a private home before and I don't think I'll do it again. I've never had this problem in a building before, ever. I thought because it was a smaller operation, it would be simpler. The small things got fixed and on time, but any major fixes never got around to until you started threatening not to pay rent. If they didn't have the money, fine, but that's not a problem that should be passed onto a tenant, especially one who paid her rent on time every month (except two months when I was 3 or 4 days late).

Has anyone had experience with small claims court or taking a landlord to court. I'm pretty confident, but any info is great. Thanks again!

[Angus215]

I would just sue him in small claims court. I'm sure you would win easily, and would avoid the expense of an attorney.