Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I have a question regarding a previous landlord withholding part of our security deposit after we've moved out.
We lived in the property for 18 months, and after the 1st year our lease went month to month with a 30 day notice for moving out. Upon us making the decision to move out we notified the owner via email almost 60 days prior to us leaving. We confirmed again 30 days prior to move out. This communication was via email - as all communication has been with him and he acknowledge our emails and stated he would be sad to see us go.
Upon moving out on the 20th of the month we sent an email letting him know we had moved out, surrendered the keys and left our forwarding address. Again we got a reply to this email. During a phone conversation a couple of days later he stated he wouldn't be sending us the security deposit for 30 days as he was legally able to do.
So we paid through to the 30th of the month, but surrendered the property and keys on the 20th and did not request to be reimbursed for the 10 days we had left in the month.
We have now received a check from the landlord for $500 less than our original security deposit. He has taken out an arbitrary $200 for cleaning -windows and vents and another $300 for outside maintenance.
My question is this: we surrendered the property on the 20th and as per the Houston Tenants Council either our deposit or itemized list is due no later than 30 days after the surrender of the property
§ 92.109. LIABILITY OF LANDLORD. (a) A landlord who in
bad faith retains a security deposit in violation of this
subchapter is liable for an amount equal to the sum of $100, three
times the portion of the deposit wrongfully withheld, and the
tenant's reasonable attorney's fees in a suit to recover the
deposit.
(b) A landlord who in bad faith does not provide a written
description and itemized list of damages and charges in violation
of this subchapter:
(1) forfeits the right to withhold any portion of the
security deposit or to bring suit against the tenant for damages to
the premises; and
(2) is liable for the tenant's reasonable attorney's
fees in a suit to recover the deposit.
(c) In an action brought by a tenant under this subchapter,
the landlord has the burden of proving that the retention of any
portion of the security deposit was reasonable.
(d) A landlord who fails either to return a security deposit
or to provide a written description and itemization of deductions
on or before the 30th day after the date the tenant surrenders
possession is presumed to have acted in bad faith.
We have always had a good relationship with our landlord, and never had any issues with him. We are actually completely surprised by this development and now would like some advice on how to proceed.
Ideally we would like to give him a call/email to try to work this out in a civil manner. We would like to tell him that his list was not received within the 30 days of us surrendering the property, and that arbitrary amounts he has listed are not infact itemized amounts and that cleaning windows and vents are "normal wear and tear."
Our concern is that if we try to reach out via phone/email that we will not be covering our A$$e$ - but at the same time we feel sending a certified letter and demanding the rest of the deposit at this point is a little extreme as well.
Does any one have any advice? Also - should we cash the check for the amount we have already received - the memo section simply states "security deposit"
The issue isn't about dates, it's about the validity of deposit deductions for cleaning and maintenance. Check your lease agreement to see what it says about cleaning fees. What is this "maintenance"? If you believe the cleaning and repairs falls under general wear and tear, notify the landlord of your position and ask for documentation. If no results, file a complaint with the Office of the Attorney General and BBB.
You can send an email and if no quick resolution then follow it up with the certified letter. Sometimes smaller landlords will try to keep deposits and relent if the tenant fights back. Many tenants will just write it off and go away. They have little to lose this way.
The cleaning fees are a $200 fee for windows and vents. That is all that has been listed in the "itemized list" received.
The same with maintenance - $300 for "pool maintenance" is all that was listed.
1st email sent 1/2 to let LL know we were moving out end of February (buying a home so we wanted to give a heads up)
2nd email sent 1/20 to reconfirm we would be moving out end of Feb
Paid Feb rent
Verbal conversations via phone and in person stating we were moving out Feb 20th
Moved out Feb 20th sent email confirming it, left keys, and sent forwarding address - LL confirmed via email
"itemized list" and deducted deposit mailed March 30th - 40 days after surrender and no receipts were included for costs of any repairs
The cleaning fees are a $200 fee for windows and vents. That is all that has been listed in the "itemized list" received.
The same with maintenance - $300 for "pool maintenance" is all that was listed.
1st email sent 1/2 to let LL know we were moving out end of February (buying a home so we wanted to give a heads up)
2nd email sent 1/20 to reconfirm we would be moving out end of Feb
Paid Feb rent
Verbal conversations via phone and in person stating we were moving out Feb 20th
Moved out Feb 20th sent email confirming it, left keys, and sent forwarding address - LL confirmed via email
"itemized list" and deducted deposit mailed March 30th - 40 days after surrender and no receipts were included for costs of any repairs
Vent cleaning? Did you have pets or did you smoke in the unit? If not, I would imagine that cleaning the vents would be LL's problem. Was it in your lease that you were supposed to maintain heating or AC system? Not changing the filter is a reason your vents would need cleaning so if that was your responsibility then he can charge you for that.
Pool maintainance? Was the liner coming off? Was the water green? Who was supposed to care for the pool? If you were, then maybe that charge is correct, but I would ask him to itemize both deductions to make sure you're not getting charged for things you're not responsible for.
Unless you caused damage in the pool area, that is not a valid deduction. Unless you left the windows caked with grime and food, that is not a valid deduction. There are form letters on the web that you can use to initiate the process with the landlord. I don't know where you are but here is one from Texas. http://texastenant.org/pdf_files/103...ter_SecDep.pdf
Did you leave the house a mess? The pool cleaning/maintenance is really not your issue unless you broke the pump or somehow damaged the pool equipment or threw dirt, leaves or the pool chairs in the pool.
But if you left the house a mess then he's within his rights to charge you.
oceangaia, I believe you are incorrect in saying that, "The issue isn't about dates".
OP, your LL is in breach period since he didn't return the security deposit less deductions within the 30 days proscribed under your state law which was the date that you gave up possession of the unit by surrendering the keys. In my opinion it's irrelevant that you paid rent up to the 30th; you surrendered the unit on the 20th and advised him accordingly by mail. In my opinion, if he's not willing to return to you the deducted $500 you can go ahead and file in Small Claims for its return.
I'd suggest you write to him via return receipt certified mail citing the applicable law, note that you surrendered the unit on the 20th and letting him know that if he doesn't return the deducted $500 within 10 days you'll have no option but to proceed further. Good luck.
oceangaia, I believe you are incorrect in saying that, "The issue isn't about dates".
What difference do the dates make? If the deductions are not valid, he is in breach whether he return the partial deposit 60 days, 30 days, or 1/2 day after they left.
They make a world of difference as once a LL is in breach of the time mandated under state law there is no argument to be made about the actual deductions made.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
