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I moved out Apr. 1. 2012.
I was waiting for my security deposit back($1,550). Last night landlord called and said he can't give me back, because I damaged his house.
He sent me pictures and I don't understand.
I have two kids 3yr and 5yr old. my 3yr draw something on wall, and she put some sticker. Also he sent me picture of kitchen closet door which is considered normal wear and tear. It was brand new kitchen when I moved in, but it's been a 3years. He said repair cost is $2,200 which is more than my security deposit. And He is not gonna give me my deposit back. I feels something is very unfair. If he said I am going to deduct for cleanning, extra work for painting job....then I would understand. But this sound very mean landlord to me. Should I just give up?
why didn't you paint the wall and remove the sticker and cleaned the place before you moved out? Thats what I would have done. I believe he sure can keep your security deposit.
why didn't you paint the wall and remove the sticker and cleaned the place before you moved out? Thats what I would have done. I believe he sure can keep your security deposit.
Agree with frank. If you moved out and left crap drawn on walls and stickers on them then you deserve to lose your deposit.
Does painting the walls, fixing the closet door, and cleaning up your mess really cost 2,200? or even 1,550? who knows. But when you left your apartment messy, with crap on the walls, and with things broken with no forewarning then you open yourself up to losing your deposit.
Whether or not you have kids is besides the point. You are supposed to return the apartment in the same condition you rented it. That's the whole point of a deposit, to pay for things that are broken when you move out.
Your money is gone. In the future clean and fix these things yourself and you'll save yourself a lot of money and hassle.
Mo420 I wish you luck.I hate to say it, but you might be out of luck. I use to own a triplex. You can`t spot paint a wall ,he will have to paint the whole apartment. If he uses a cleaning service,that is a nice penny.You did admit the kitchen was brand new when you moved in.There should not be any damage or real wear and tear to a closet door that new.The only thing that I find odd,that he didn`t do a through with you when you moved out.
Drawings on walls, or stickers are never normal wear and tear, even if it has been 10 years. You didn't say what was wrong with the door, but for a door, after 3 years, a few small nicks in the paint are all I would consider normal wear and tear. Anything in excess of that is damage.
A paint job should last for quite a while. I haven't repainted in my house of 9 years yet, and the paint is perfectly fine. My parents never painted in either of the two houses I grew up in, and they lived in each for 12 years, and the paint still looked brand new.
Needing to repaint after only 3 years because of damage is not normal, even in a rental.
HOWEVER...with all that said, paint and carpet usually have to be prorated over the expected lost life. I don't know what life span is given in your area for paint, but you may not owe for the entire repainting job, but instead only a prorated share of it.
I'm confused by the end of your statement though. You said that if they had just kept it vague and said they were keeping it for cleaning and painting, you would have been fine with that, but because they specified what the repairs were (which is probably required by law), they are being "mean". You are responding emotionally to a legal issue. Try to move past that and realize that their actions in outlining the charges are almost certainly as required by law, and being "mean" or "nice" has nothing to do with it.
So given all of that, here is my bottom line. He has told you the cost is $2200 to do the repairs and cleaning. Your deposit is only $1550. Even if he did prorate the cost of the painting, your total may still be in excess of your deposit. So if he isn't asking you to make up the difference of $650, I would be glad of that, and walk away.
Lacerta, with all due respect I disagree and in accordance with PA law believe that the OP is entitled to the full return of her security deposit.
Under PA landlord tenant laws a landlord is required to return the security deposit within 30 days of the tenant leaving, along with a list of all documented repairs resulting in any deductions from same. The OP moved out of the unit on April 1st and on April 30th the landlord telephoned her to tell her he wasn't returning any of her security deposit. I'm not sure how he sent her pictures of the alleged damages although I assume it was by email but it does seem that he hasn't followed the letter of the law in providing her with written documentation of deductions and it can also be argued that he's failed to do the legal thing within the 30 day time limit.
I believe the PA landlord tenant laws are linked in the first "sticky" on this forum page and suggest that the OP carefully read the sections relating to security deposits and go from there. She should also contact someone locally from Legal Aid to assist her if she has difficulty understanding the statutes.
Lacerta, with all due respect I disagree and in accordance with PA law believe that the OP is entitled to the full return of her security deposit.
Under PA landlord tenant laws a landlord is required to return the security deposit within 30 days of the tenant leaving, along with a list of all documented repairs resulting in any deductions from same. The OP moved out of the unit on April 1st and on April 30th the landlord telephoned her to tell her he wasn't returning any of her security deposit. I'm not sure how he sent her pictures of the alleged damages although I assume it was by email but it does seem that he hasn't followed the letter of the law in providing her with written documentation of deductions and it can also be argued that he's failed to do the legal thing within the 30 day time limit.
And that could be a valid point, depending on whether PA considers an emailed list as "written". I don't know that. I know for many real estate transactions, email is now being considered a valid legal form of delivery of contracts, notice, etc.
We also don't know if the landlord also sent out a written mailed list in yesterday's mail, which may also be in compliance, if it just has to be postmarked within 30 days.
I looked at the AG's PA law linked in the stickied thread, and didn't see anything that made either of those items clear. It just says they have to "provide a written list" "within 30 days". Sounds to me like they met both of those criteria.
*Edited to say: I should say they MAY have met both of those criteria, since we don't know what wording accompanied the photos that were sent.
I moved out Apr. 1. 2012.
I was waiting for my security deposit back($1,550). Last night landlord called and said he can't give me back, because I damaged his house.
He sent me pictures and I don't understand.
I have two kids 3yr and 5yr old. my 3yr draw something on wall, and she put some sticker. Also he sent me picture of kitchen closet door which is considered normal wear and tear. It was brand new kitchen when I moved in, but it's been a 3years. He said repair cost is $2,200 which is more than my security deposit. And He is not gonna give me my deposit back. I feels something is very unfair. If he said I am going to deduct for cleanning, extra work for painting job....then I would understand. But this sound very mean landlord to me. Should I just give up?
Don't give up...security deposit claims need to be sent within 30 days in WRITING...not by phone! You have a case.
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