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Hi guys, I have some questions about my security deposit.
I ended up getting 321 out of the 500.
It's not as bad as I thought it would be, but I still think there are some unfounded deductions. Can any of you give me your POV as to my chances in recovering these amounts in court?
Honestly I don't really care if it's just a 25 dollar recovery (which would be $75 after a case), I just need all the money back that I am owed and I'm willing to go to court over it.
Here is the explanation, via text message, verbatim in full:
50 for breach of lease agreement one extra day stay. 48.97 for electricity. 25 cleaning trash removal left in can when you should have done it trash night and i had to remove and deal with it. 30 for new pan and utensils for what you did not clean and ruined the frying pan. 25 for further cleaning of stove (grease) microwave (filthy) and other general cleaning of your mess. Nice attempt by leaving the pan in closet. Found as soon as you left. Please dont ever contact me again.
The listed deductions:
Legitimate
One day extra stay = 18.33
I told him I would be leaving on Sept 1, somehow he expected me to be out by that date. Instead this was my moving date. 550 (one months rent) / 30 = 18.33
Electricity = 48.97
basically a back charge that I didn't expect and did not plan for
These are both perfectly legitimate charges. No issue here.
Questionable
Breach of lease agreement = 31.67
I gave about 23 days instead of 30. Is this a legitimate charge? If you guys tell me that ~$30 is a reasonable charge for an early leave (7 days), I'll just take your word for it.
Pan and utensils = 30
There's a long story about this. I did damage the cookware, although I did offer to replace it at the time. I also did offer to clean it, but he refused to bring it inside after putting it on the deck. I know this seems petty, and there's more to the story. I will elaborate if needed.
Cleaning of stove and Microwave = 25
I cleaned the stove after every use. The stove and microwave are commonly used appliances and there's no way to say whether or not the cleaning is solely my responsibility
Non-legitimate
Trash Removal = 25
He charged me for the extra day of rent, I'm pretty sure he can't charge me to use the trash can. Clarification: I put the full trashbags in the outside trashcan
Other
Failure to provide receipt
In MD there is a $25 fine for failing to provide a security deposit receipt. I will have to double check whether this was provided. Might it be part of the lease?
Failure to provide interest
In MD, Landlords are required to keep the deposit in an interest bearing account and provide this interest to the renter upon return of the deposit. In this case, it's like $13 | he claims the lease stated the interest would not be accrued. Is this legal? I was under the impression that a lease cannot override state law
Entering my room
Is there any law regarding the Landlord entering the renters room? The lease says that he may enter for legitimate reasons such as updates and renovations and the like, it does not explicitly express that he may not for other reasons. He did so on at least 3 occasions to leave things like dirty plates, pans, and paper towels in my room.
If I were to sue, is the ruling "all or nothing"? That is to ask, is it possible to receive certain amounts and not others? If so, I would go for the highest amount. If not, I would only go for that which I am most likely to be awarded. Sorry if that isn't clear.
Instead of rushing to SUE!! Be grateful (as others have said) that you weren't charged the entire months' rent - you stayed into another month, didn't give correct notice, broke your lease, etc.
instead of rushing to sue!! Be grateful (as others have said) that you weren't charged the entire months' rent - you stayed into another month, didn't give correct notice, broke your lease, etc.
Be thankful he didnt keep all of your deposit then sue for an extra month of rent. Hes legally entitled to it because you didnt give AT LEAST a 30 day notice.
Hi guys, I have some questions about my security deposit.
I ended up getting 321 out of the 500.
It's not as bad as I thought it would be, but I still think there are some unfounded deductions. Can any of you give me your POV as to my chances in recovering these amounts in court?
Honestly I don't really care if it's just a 25 dollar recovery (which would be $75 after a case), I just need all the money back that I am owed and I'm willing to go to court over it.
Here is the explanation, via text message, verbatim in full:
50 for breach of lease agreement one extra day stay. 48.97 for electricity. 25 cleaning trash removal left in can when you should have done it trash night and i had to remove and deal with it. 30 for new pan and utensils for what you did not clean and ruined the frying pan. 25 for further cleaning of stove (grease) microwave (filthy) and other general cleaning of your mess. Nice attempt by leaving the pan in closet. Found as soon as you left. Please dont ever contact me again.
The listed deductions:
Legitimate
One day extra stay = 18.33
I told him I would be leaving on Sept 1, somehow he expected me to be out by that date. Instead this was my moving date. 550 (one months rent) / 30 = 18.33
You're lucky. Since you overstayed it's called unlawful detainer
Electricity = 48.97
basically a back charge that I didn't expect and did not plan for
Doesn't matter. You lived there you paybwhatever you owe.
These are both perfectly legitimate charges. No issue here.
Questionable
Breach of lease agreement = 31.67
I gave about 23 days instead of 30. Is this a legitimate charge? If you guys tell me that ~$30 is a reasonable charge for an early leave (7 days), I'll just take your word for it.
You're legally required to give 30 day notice or 23 days? Technically you didn't give correct notice. He has every right to charge you for breaching the lease. He could legally ignore your incorrectly given notice and demand rent fir next month and correct notice. Read your lease. You are required to give proper notice in a proper way.
Pan and utensils = 30
There's a long story about this. I did damage the cookware, although I did offer to replace it at the time. I also did offer to clean it, but he refused to bring it inside after putting it on the deck. I know this seems petty, and there's more to the story. I will elaborate if needed.
Doesn't matter. You damaged the cookware by your own admission. You're responsible to repair or replace
Cleaning of stove and Microwave = 25
I cleaned the stove after every use. The stove and microwave are commonly used appliances and there's no way to say whether or not the cleaning is solely my responsibility
Was it clean when you left? If not you can be charged.
Non-legitimate
Trash Removal = 25
He charged me for the extra day of rent, I'm pretty sure he can't charge me to use the trash can. Clarification: I put the full trashbags in the outside trashcan
Sure he can. My leases say you're supposed to leave the house empty no trash and clean. I can charge for any removal of things you left including trash.
Other
Failure to provide receipt
In MD there is a $25 fine for failing to provide a security deposit receipt. I will have to double check whether this was provided. Might it be part of the lease?
Ok so you can counter with that. You would have to prove he didn't give you a receiot. He can simply say he did.
Failure to provide interest
In MD, Landlords are required to keep the deposit in an interest bearing account and provide this interest to the renter upon return of the deposit. In this case, it's like $13 | he claims the lease stated the interest would not be accrued. Is this legal? I was under the impression that a lease cannot override state law
Yes state law overrides a lease. So you got him on $13 interest.
Entering my room
Is there any law regarding the Landlord entering the renters room? The lease says that he may enter for legitimate reasons such as updates and renovations and the like, it does not explicitly express that he may not for other reasons. He did so on at least 3 occasions to leave things like dirty plates, pans, and paper towels in my room.
Check to see what the laws are as a roommate situation. Either way you would need proof.
If I were to sue, is the ruling "all or nothing"? That is to ask, is it possible to receive certain amounts and not others? If so, I would go for the highest amount. If not, I would only go for that which I am most likely to be awarded. Sorry if that isn't clear.
What exactly are you going to sue for! None of the charges are overreaching. About the only thing you have is the interest on the deposit not being paid.
Thanks for you help and advice.
It's going to cost you more to go to court and you really have no financial claim as you admitted to overstaying and damaging property
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