HELP! Security Deposit Issue

[johnrex62]

Originally Posted by DontH8Me

I would call it a day, OP - that you even received any of your deposit back after 4 years of living there is great.

I would consider the duration of her rental to be a plus toward getting more of her deposit back since more damage could be attributable to normal wear and tear (which is not subject to deposit withholding) than if she were in for a short time. Use of the deposit to repair those damages considered to be normal wear is illegal.

[LArenter]

Also, I know that most landlords put deposits in extremely low yielding money market or savings accounts but you should have been receiving interest each year on that deposit you put down.

It won't be much money, but if they didn't pay you that each year, it is something else you should point out.

[Lake Conroe resident]

I would call it a day, OP - that you even received any of your deposit back after 4 years of living there is great. If you want to go after her for what you feel she cheated you out of, by all means do. I would not bother with a small claims suit unless it were in the 4 digits, but that's just me. Sometimes cutting your loss is better than throwing more time and energy (and emotion) after a ship that has already sailed.[/quote]

As bad as this sounds I would have to agree... Pursuing this will just cause more stress, aggravation and financial burden. It' sounds as if you are now a homeowner so it may be better to take a deep breath, bite your tounge and hope that karma comes around for both parties involved and move on as life's too short...

[johnrex62]

Originally Posted by LArenter

Also, I know that most landlords put deposits in extremely low yielding money market or savings accounts but you should have been receiving interest each year on that deposit you put down.

It won't be much money, but if they didn't pay you that each year, it is something else you should point out.

It used to be case law that the interest on those accounts belonged to the landlord unless stipulated in the rent agreement. Only the principal was understood to belong to the renter and it was assigned as security against unreasonable damage.

Unless the lease stipulated interest to the renter it will not be considered due to them even if all the damages were thrown out.

[Ultrarunner]

A couple of things...

First... court is all about the person initiating the suit proving damages... the more documentation the better and pictures as well as third party testimony in court is even better.

A comment about Blinds... I'm assuming these are mini-blinds? A lot of owners made the switch to mini-blinds because many manufacturers offer a lifetime warranty. The warranty does not cover misuse or cleaning... so, if the blind ladders were to break or the tilt mechanism... it's covered. It is hard to make the case of something wearing out if it has a lifetime warranty.

Cleaning Blinds is cumbersome... my preferred method is to bath tub soak and air dry... no damage and they come clean.

Receipts... I do my own work and I feel that I always give the Tenant the benefit of the doubt. In the few times I've had to go to court, I've never lost and all I had is my labor and materials log book. I'm am not aware of any regulation preventing me from doing my own repairs to units I own.

If you believe the charges to be unwarranted or excessive... my suggestion is to contact the owner and negotiate a resolution...

What do you believe would be a fair settlement?

Of course, Small Claims is always an option...

[tbradin]

I did try to contact the landlord. I sent her an email explaining that I wanted REAL receipts for the $450 she took out for the floors, as well as $100 for hanging a door (for which their was no receipt) and that it was BS for her taking $110 to clean the blinds. We cleaned them as best we could. It would have been cheaper for her to replace the blinds than to pay for cleaning. Also, as for what the lease stipulates, I have a copy that She signed, but I never even signed the lease.

And,

why should I call it a day and cut my losses? It virtually takes no time to file a small claims case since you can do it online and only costs 40 bucks. It's not right what she did and I shouldn't just lay down and take it, nor should anyone else.

We left that apt. better than when we first moved in & because of that, I believe I am entitled to that security back. It is security, for when there are REAL damages or if a tenant skips out. Not just for her to hold it because that money has been spent by her 4 years ago and now she doesn't want to give it back to me. That is simply not right. Whether a judge sees it my way or not, is fine. But I can't just let it go and not fight for what is right.

[CESpeed]

I would sue. Your landlord is suppose to by law, put your security deposit in an escrow account until you move. Then do a walk through and within 30 days return your deposit. If this doesn't happen, you are entitled to sue. Check with legal aid because I think that you can sue for treble damages if your landlord cannot prove legitmately withholding your deposit.