Assistance with security deposit retrieval process (lease, attorney, house)

[jmonee20]

I have quite the problem on my hands. I am currently trying to get my security deposit back from my landlord. The deposit was $2000 for a house where the rent was $2000. We leased for a year with exact dates on the lease.

The landlord did not send a portion of the deposit or a statement with charges. I moved out two months ago. Under the 21 day rule isn't she obligated to pay the full deposit back? I am sending a formal request letter asking for my deposit to her.

I talked to her last night and she stated that she is charging us for new carpet and that we will get the bill in the mail.

This is shocking because during the walk through she said we should get all of our deposit back. Then she said we should get at least half back. And now to nothing and I am charging you.

She said we violated the lease by saying we had someone stay there. Well yes a person did stay there but what does that have to do with the deposit. She knew that the person was there (for three weeks) and she cashed that person's check.

I am asking for a little assistance in this situation....

thanks

[jmonee20]

oh and I would really appreciate any help regarding this post. Thank you.

[ferretkona]

You will probably need to take the landlord to court.

And many requests for info can take hours here for responses.

[SickOfCalifornia]

If the carpet was damaged beyond "normal wear and tear" then you are liable for the replacement costs. Whatever she may or may not have said during a walk-thru is irrelevant. She is required to itemize her deductions, any of which you may dispute. If your guest was in violation of the lease, it doesn't matter if she knew about it - if it's in writing and you signed it, and you were in violation, there is not much you can do.

If I were you I would insist on seeing the deductions with receipts. If you dispute a charge you can either get an attorney to write a demand letter and try and scare her into paying you... But really this is a small claims issue, and if you take her to small claims court who knows what might happen. If she has a photo of a destroyed carpet the judge is likely tell you to get lost.

Next time, when you give notice, tell the landlord to keep the deposit as the last month's rent and to bill you for any damage. In a case like this she'd probably still bill you for the damage but at least the burden would be on her to recover the funds instead of you.

[jmonee20]

Thank you sickofcalifornia.

My main problem is that she is way past the 21 day rule. Shouldn't she be obligated to pay my full deposit back? And definitely not be able to charge me on top of the security deposit?

She has provided nothing involving charges to damage that we had done. And I stated that someone else stayed because she said we violated the lease so we don't have the right to a deposit. Even though she continued depositing checks.