Security Deposit | Landlord Wants It Back After Moveout (2015, lease)

[ksextonmusic]

We recently moved out of a house on December 20th, 2014. That same day, after doing a final walkthrough with the landlord, he gave us our security deposit back.

On January 11th, 2015 (3 weeks and 1 day after moveout), we recieved an email saying that cat urine damage had been found. The problem area was in one of the closets. He had already removed the carpet and padding in the closet, and the adjacent bedroom.

The entire time we lived there we lined that closet with a tarp, and due a particular clause in the lease, we heavily cleaned all the carpets before moveout. There was no evident damage or smell when we did the walkthrough. He is claiming that the pad was wet in the bedroom, but I think that was from the excessive cleaning we did throughout the entire 1st floor.

It looks like we are headed to small claims court, and he is asking for $800-$1000 for new carpeting and removal/install services.

I haven't heard of a landlord ever asking for the deposit back after it was already given. We've been told that once the deposit was given, the agreement has ended and it is not legally our problem now.

Below is the clause on the lease, and any help/advice would be appreciated.

Thanks!

Clause 8. Security Deposit
The security deposit of $1275 paid at the signing of initial lease dated March 19, 2013 will serve as the deposit for this lease. Tenant may not, under any circumstances, apply this security deposit to the last month's rent or to any other sum due under this Agreement. After Tenant has vacated the premises, returned keys and provided Landlord with a forwarding address, Landlord will, within 30 days, return the deposit in full or give Tenant an itemized written statement of the reasons for, and the dollar amount of, any of the security deposit retained by Landlord, along with a check for any deposit balance.

Release of the Security Deposit is subject to the provision of the State statutes and as follows:
• The full term of the Agreement has been completed.
• Tenant must give one month written notice to vacate prior to the end of Agreement.
• No damage or deterioration to the premises, building or grounds is evident.
• The entire dwelling, appliances, closets, cupboards are clean and free from insects, all debris and rubbish have been removed from the property, carpets are vacuumed and cleaned and deodorized.
• All unpaid charges have been paid including late charges, delinquent rent, etc.
• All keys and garage door openers have been returned
• A forwarding address has been provided to the Landlord.

[DauntlessDan]

Tell him that you want to meet with him and then demand to see the urine soaked carpet. He did the initial walk-through with you in good faith and neither of you found anything. And now he wants you to pay to re-carpet the closet AND the adjacent bedroom when the damage was limited to the closet!! Sounds fishy to me. If there was genuine damage I would at the MOST offer just the closet. It that sure isn't 1275 unless it is a BIG closet. You may end up going to small claims court over this.

[AnywhereElse]

"Particular clause"? Maybe that dealt with "no pets"? Read through this and see what you can learn: http://www.kshousingcorp.org/SharedF...512&fileid=371

[Floorist]

The landlord will have to prove how old the carpet was. Then any damage is prorated according to age.

[Lennny]

I don't know if your landlord has already filled for court or is just threatening it. At this time, if your landlord has already filled court papers DO NOT contact them. I repeat DO NOT contact them! If they are threatening you with this, take on a "Very well, that's life" demeanor. Chances are they will not do it, and if they do, the universe in on your side. Getting your security deposit back paid in full is proof that you satisfactory met the requirements of your lease. Additionally, the lease is VERY specific as to the terms of which your security deposit gets returned. Since it was returned, you met those requirements. That is all that needs to be said in that court room on your behalf. Only mention the tarping and et cetera if the judge asks you questions in those regards. I highly doubt it though. The law is very black & white on contractual obligations. Do Not contact the landlord. Do not let the land lord "Bait" you into talking about ANYTHING. Threatening a lawsuit is also a form of coercion and harassment. At this time, as little contact as possible with your former landlord is recommended. If they have already filled for a court date, NO CONTACT whatsoever. If your landlord is sending threatening emails to you, you simply respond: "You are free to do as you wish. However, if you continue to threaten litigation, I will interpret this as harassment and I will contact local law enforcement to handle this matter appropriately."