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He has to show you proof of the charges. He can't just decide to keep your security deposit for fines he for a year ago. Besides you can't wait a year to bring it up. He's full of **** and just wants to keep your security deposit. If the walk through paperwork shows everything to be in acceptable condition and it's signed stating as such tell him you will see him in court. And those had to be some hellacious fines to add up to 1200 in fees. I have two properties in HOAs and I know for a fact the HOAs will notify you to fix the problem and if you don't comply then they send a fine and it usually takes at least one notice sometimes two. And usually HOAs take care of the common grounds anyway because it's common area. Seems to me he just wants to keep the deposit. I find it amazing how many people keep or try to keep
Security deposits
I specifically include a copy of the HOA CCR rules and it's written in my lease you read and understood the rules. The rules of the HOA ccr are also part of the lease. Violating them is violating the lease
In NC no less than 7 notices go out before a fine,lol
I moved out on the 15th of September. Didn't get to do a walk through with the landlord but I took a video of everything. The landlord texted me that everything looked great. I didn't hear anything after that and did not receive a notice from him about my deposit. Today when I asked him about it he tells me that he is keeping my 1150 deposit because several times during the two years I was there the HOA fined him for the grass not being mowed on time. He never notified me of any fines during the term of the lease. He is also telling me that I may owe him even more money because people or animals must have went thru the trash after I left and strewn it around by the curb. So the HOA is assessing another fine and he received a letter from the city about it. He apparently has not been back to the house since the walk through.
Can he really take my deposit for fees he never told me about during the term of the lease and charge me even more because something got into the trash after my lease was up and I left the property?
That sounds hinky.
Why would he hold on to fines you supposedly incurred over the course of two years? He should have charged you immediately. You don't even know if he racked up late fees for not paying those fines (if they exist) on time and might be passing them on to you.
Is this a house on a street in a development with an HOA or a townhouse/condo? I'm asking because many townhouse/condo development HOAs have their bylaws online. Some need a login/user name & password provided by the HOA, others don't. You might be able to access the HOA bylaws and see the fines established for not cutting the lawn "on time". Did someone come out with a ruler and measure the height of the grass? Did it start to seed? What constitutes "on time?". How many times do you remember not getting to the lawn "on time"?
You need specifics. In my state all security withheld has to be itemized. I don't know if receipts legally need to be provided (or fines) but I always include them along with pictures.
My tenants get fined by the city if they put their trash out on the curb before 5pm the evening before pick up day. It's $65 fine if they put it out earlier. I don't hold on to that fine, or any other fine for a "surprise" upon their move out. I send the tenants a copy of the ticket immediately and ask them to include payment of the ticket in the following months rent.
You definitely need to ask for copies of all fines and all paperwork that came with them.
Good luck to you!
Last edited by Informed Info; 10-04-2013 at 08:40 PM..
Strange he never mentioned the fine at the time supposedly got the notice from the HOA. And the HOA should at least give you a warning about the grass.
I would plan on going to small claims court for this. Also, did he provide you a written itemization within the prescribed time line for keeping your deposit money?
As for the trash you left on the curb, it's on you. You left it there knowing it was going to be 12-24 hrs before pickup (assuming Monday is a pick up day, could be longer) and many cities (and HOAs) have rules about how early you can put trash out. He can charge you for cleaning up that trash and charge you for the trash by the bag. Should've taken it with you...pain in the butt? Sure is, but it's better than losing your deposit.
Good luck and please keep us updated.
I'm with Kim on this. Around here in the summer, birds (crows) and other varmints frequently tear open my trash bags between 7:30 when I put it out and 2:00 pm when the trash guys usually show. (They show up about 8 am two or three times a year just to keep us on our toes.). I can't imagine what it would look like overnight or longer.
OP could have made arrangements with landlord to return to set out trash or given a neighbor $5 to store it and put it out on trash day.
I'm with Kim on this. Around here in the summer, birds (crows) and other varmints frequently tear open my trash bags between 7:30 when I put it out and 2:00 pm when the trash guys usually show. (They show up about 8 am two or three times a year just to keep us on our toes.). I can't imagine what it would look like overnight or longer.
OP could have made arrangements with landlord to return to set out trash or given a neighbor $5 to store it and put it out on trash day.
Just a quick side note: Here at my complex if you leave trash outside the trash compactor, instead of actually putting it inside, they will charge you $10 a bag for the first offense, and it goes up from there.
We have several large compactors on site, all within walking distance of every building. No excuse to just dump it on the ground. Even if our compactor is down (mainly because ppl shove the trash in and never push the button) you can walk to the other one.
Have you paid the LL already? I believe small claims courts allow one to ask for money for damages....but not an injunction to stop the asking of money. Check what yours allows.
Just a quick side note: Here at my complex if you leave trash outside the trash compactor, instead of actually putting it inside, they will charge you $10 a bag for the first offense, and it goes up from there.
Judges are really harsh on not providing the rules and regulations and probably even harder on fining someone if they are not informed at the time it happened.
Even if a fine is charged twice for the same offense on a different date then the owner needto proof that he informed you of that offense since how can you blame someone if they weren't aware.
We always submit the HOA letter to the tenant since the first letter is usually a warning without a fine so the tenants are aware that the next time it can causing them money.
In the OP case only the trash left behind can be something they are responsible for since when you move out all trash and personal items need to be gone...no excuse for that part.
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