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Old 04-09-2008, 10:08 AM
 
2 posts, read 9,299 times
Reputation: 10

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I rented a townhouse for 2 years that was previously vacated since she couldn't sell it. The place was notvery clean, I steam cleaned the carpets when I moved in, there were dings and minor marks on the ceilings, paint on railins were old, etc. I did a move in report and did not mark "every" little scratch, just the major items. I moved out this weekend and she wrote up EVERYTHING like a scratch here, small nail holes in the walls where pictures had been, banister was dirty, minor paint issues that I can touch up, corner chips in a few places, carpet spots that were in the closets. She is unable to rent it out at the moment and can't sell the place. I doubt she will repair the carpets either. She even dinged me for a crack on the side of the microwave where the screw held the unit into the wall!!!

I've read about 'normal wear and tear'. Since I didn't take pics and we didn't do a walk through together at the time I moved in, am I screwed here? The townhouse was 10 years old when I moved in and it was not repainted, carpeting was old, the appliances were old, etc. I feel as if she will ding me for every little repair just so she can justify keeping my $1100 deposit. I told her about a stain I was unable to get out on her living room carpet with my oriental rug, and I have 3-4 estimates from carpeting companies from $500-$700, and I feel I am responsible for that and I was up front about it.

Help...
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Old 04-09-2008, 12:11 PM
 
Location: Bike to Surf!
3,080 posts, read 11,030,592 times
Reputation: 3022
No, you don't have to photograph every single crack and dust bunny. You only need that stuff when you go to court. (Actually, to convince your landlord not to go to court).

Okay, to keep your deposit, your landlord has to actually MAKE THE REPAIRS. She can't just say, "Oh, that crack costs $1500 to fix. Thank you very much."

However, it's up to the tenant to call bad landlords on it when they try to weasel you out of your money.

The law--in almost every state--requires that your landlord return EXACTLY this to you:
1. Your Deposit in Full
OR
2. A ITEMIZED list with RECEIPTS for work done or CERTIFIED ESTIMATES for necessary repairs, and the balance of the deduction remaining after said repairs are done.

This must be done within 21 days in California (up to a month elsewhere) or the Landlord forfeits the right to keep any of the deposit and must return it in full. If they fail to do this, they can be held liable for up to TRIPLE the amount of the original deposit (in some states).

Here's what you need to do:

- Look up your state law and find out how long she has to return your deposit (usually from the date of your move out. Double-check to make sure your state law says something about receipts and an itemized list of repairs. You can quickly find this information just by googling "*your state* Tenant Landlord Rights"

- Compose a polite letter requesting she return your deposit (less deductions for work actually done, and including copies of the receipts for the work she's had done) pointing out the pertinent sections of state law. Send it to her via certified mail and buy a delivery confirmation. Keep a copy for your records. Email it to her as well if you can. Be sure to include your new address so she knows where to send the check.

- Wait the required period for your state + a few days. If no list/cheque arrives, send her a second letter informing her that she now owes you the deposit back in full.

- Wait another week or so, check your state laws to see when she becomes liable for extra damages to you. Look up tenant advocacy organizations in your state.

- If you get no response (or a negative response) contact your tenant advocacy organizations and/or consult with a lawyer and/or look into opening a case against her in small claims court. Hopefully it won't go this far, but be prepared and figure out how much fighting your deposit is worth to you.

Good luck. Sounds like you've got a landlord who was forced into it by the declining housing market and doesn't know anything about the law.
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Old 04-09-2008, 12:37 PM
 
28,107 posts, read 63,391,831 times
Reputation: 23222
Looks like Sponger42 covered it...

You have to be willing to assert your rights and go after what you believe you are due... then it's up to the judge.
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Old 04-09-2008, 01:21 PM
 
2 posts, read 9,299 times
Reputation: 10
Thank you. I appreciate the input. I found out she has 30 days to return deposit and she emailed me with her "list". Georgia site said "If the landlord is retaining all or part of the security deposit, a statement specifying the exact reasons why the security deposit is being retained must be sent within the thirty (30) day period. I think she just won't get the place rented and feels I should have to pay for it all. She even dinged me for cracks in the microwave (outside part where the screw was tightened too tight by the installer before I moved in and created a crack).
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Old 04-09-2008, 01:39 PM
 
Location: Way up high
22,181 posts, read 29,152,023 times
Reputation: 31224
I don't believe she can email it to you. In the state of FL, it has to be sent via certified mail. Check on that as well. Whatever you do, respond in a letter via certified mail to cya. That way she can't say "I never got that email" and vice versa..
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Old 04-09-2008, 01:47 PM
 
188 posts, read 546,871 times
Reputation: 199
I got nailed once because I didn't mark every single hole, and dirt behind the oven. They took most of my deposit and I was unaware that I could demand a receipt for the repairs.

I do it now!
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Old 02-17-2010, 12:22 PM
 
1 posts, read 3,733 times
Reputation: 10
I live in a townhouse also and the rent is $1,311.28 a month if your late on the payment past the 5th you are charged 10% of your rent. That $200.00 is thatv legal to have to pay that amount for being a day late?
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Old 02-17-2010, 12:29 PM
 
4,796 posts, read 22,836,177 times
Reputation: 5046
Quote:
I live in a townhouse also and the rent is $1,311.28 a month if your late on the payment past the 5th you are charged 10% of your rent. That $200.00 is thatv legal to have to pay that amount for being a day late?
Since this is a completely different subject, unrelated to the original topic, you are better off starting a new thread of your own, to get responses.

And the answer entirely depends on where you live and the laws that are in place there. In most places, 10% or any percentage of the rent is usually legal as a late fee. And 10% would be $131, not $200.
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Old 02-17-2010, 03:12 PM
 
27,206 posts, read 46,532,718 times
Reputation: 15656
You can also use estimate/quote given to you for the repair to be done as long as you also have bills.
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Old 02-17-2010, 11:10 PM
 
1,624 posts, read 4,853,183 times
Reputation: 1308
You've got the classic 13th month rent problem, where a landlord is too aggressive in finding damages to keep your security deposit. I find this really prevalent with unsophisticated landlords/owners renting a second home and not understanding that renters are allowed reasonable wear and tear and not a perfect house upon moving out. Or landlords that regularly deal with problem tenants (section 8 or college students) and just assume everyone is going to tear up their place, so management is very aggressive with finding damages and you are the unlucky tenant that leaves the place in good shape.

Honestly, most people just move out, get upset, move on, and forget about it. That's why so many landlords are so aggressive with it, as they know that they can get away with it. Even if you challenge them in court, they'll ding you as a reference (which may or may not be important to you). So you really have to ask yourself is $400 to $600 worth the aggravation.

If it is, you pretty much ask for an itemized list of all the damages, estimated costs of repair, and actual repairs done. You politely respond in writing whether you believe whether any of the damages are normal wear and tear (thus not deductible from your security deposit) and dispute or question any costs figures (i.e. new carpet to replace 10 year old carpet). Hopefully you can work something out between yourselves, or maybe through a mediator like a tenant union.

If that fails and you still want to pursue it, you can sue them in small claims court or landlord tenant court (if it allows security deposit disputes). You need to establish you paid a security deposit and your landlord has to establish the damages and repairs costs. This may involve spending all day in court for multiple days and paying someone to serve the complaint to your landlord.

Other than the carpet (are you sure the $500 to $700 is just for stain removal, as opposed to cleaning the whole carpet), it would appear your landlord would have difficulty proving any of that was beyond normal wear and tear. For example, in my jurisdiction, judges generally consider 3 to 5 nail holes for pictures for a major wall to be normal wear and tear unless specifically prohibited in the lease. Judges are usually pretty good at figuring out what is going on and if the landlord or the tenant is really at fault. Though after your fees, your "win" may only be $250 to $500. That seems kind of like a pyhrric victory for all the hassles involved, but then again maybe your landlord will feel the same and just pay your rightful deposit.
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