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We moved from ABQ to Sacramento this summer. We were renting a house in ABQ. We left it in good condition when we left. better than when we moved in. We rented from a property management company. Once we moved out the owner of the house transferred the rental to a friend to handle as a rental. The new landlord turned a bill into the property management co for 1150 of our 1200 deposit. This was to cover painting (700+ 15 hours of "touch up" painting) buying a new clip for a garage door (30.00 - he bought a whole new opener instead of just the clip) cleaning supplies, trash removal etc. We were charged 150.00 for the paint to paint the house as well as the paint brushes, bon ami, paint tray, tarp, vinyl gloves etc.
We did not leave any trash, nor were there holes in the walls. The new landlord claimed that it was beyond normal wear and tear. I have 3 witnesses who helped clean and were there when we moved out to say it was in good condition. the property management co did not to our knowledge ever inspect the house. We have pictures from the new landlord claiming all the damage we left. in all the pics you can't see dirt or damage.
I sent a letter to both the property management company and the owner telling them that these were items that could not be charged for and I wanted my deposit back. I got a call from the owner saying that our contract was with the management co and should talk to them. I got a letter from the property co saying that they no longer handled the house and I needed to take it up with the owner.
Money for a security-deposit is the property of the tenant, kept in "trust" by the landlord, in a bank or trust company account, and never allowed to be commingled with the landlord's personal or business funds. The landlord must notify the tenant of the name and address of the bank or trust company and the amount deposited (The money can be joined with other tenants' security-deposits). If there are more than 6 units in your building, the money should be in an interest-bearing account. The landlord can charge 1% of the amount for money-management fee. Any interest must be paid or credited to the tenant annually.
As for the paint, there is an expected life-span of 3 years for the paint, afterward your landlord should repaint the unit, whether for you or new tenant. This is considered normal wear and tear and is unrecoverable from security-deposit money.
Caveat: I am not an attorney. Consider this advise merely my opinion. Get a lawyer.
Last edited by ESFP; 08-25-2008 at 11:27 AM..
Reason: word change
LL/Tenant laws vary state to state. There is no one answer to your situation. Your contract was with the managment company. The managment company did not do an inspection, make sure there is an inspection time and terms addressed in the lease. It would probably cost as much to get your deposit back as to pay a lawyer to fight it and recover the money. If the letter did not work, I would think that you can file in small claims court and include legal costs in the recovery. Or have an attorney address the issue. Make sure you keep any and all documents. Also, send any correspondence to the managment company by certified return receipt letter. It's time consuming and also a pain in the tush, but a paper trail is your best weapon.
Location: In my own little corner... sittin' in Jax FL
589 posts, read 1,629,415 times
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Good luck. Shane & ESFP has great ideas. Stick to your guns. Check your old lease. Keep record of all of your correspondence.
IMO if the lease said there was to be an inspection at the end of the lease term and the PM company did not do it. That is on the PM company. Like I said, IMO!
I recommend consulting a lawyer. Based on the rental laws in your state, it may be difficult to prove that you deserve the rest of your security deposit. But having said that, it may also be difficult, in the absence of extra-ordinary damage, to prove that your landlord is justified in keeping your deposit. Most landlords usually try to give back as much of the security deposit as possible unless you completely destroy the place. This is a good-will gesture, as well as a way to avoid litigation. Maybe the landlord needs money? If you didn't damage the house, then it may be illegal for him/her to get this needed source of funds from YOU. Your lawyer may be able to get all or most of your security deposit back, as well as get the landlord to pay the legal fees and court costs.
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