security deposit charges (city hall, rental, how much)

[photonmn]

Im looking for help getting my security deposit back... I know, I know.. you've heard it all before... but! I really feel like not getting my whole damage deposit back for light bulbs and batteries is ridiculous. Any suggestions?

Short version... Wife/landlord did the walk thru with me and she loved the place- in fact noted that it was cleaner when I moved out as to when I moved in! Then husband (who has been a thorn in my side since I moved in 1 1/2 years ago) he decided 2 days later that I didnt get ANY of my deposit back! Sent me a certified letter that Lock that needed to be replaced on front door, cleaning , dipose of old grill, batteries low in 3 smoke detectors, microwave light bulb out... etc. But also to repair a small hole that was put in floor by prof satellite installation.

Is all this legit? ugh! Thanks for any comments or advice

[audadvnc]

Good luck collecting. Did you take photos at move in and move out? If so you might be able to come to an agreement in small claims court.

[Ghengis]

How much was your damage deposit, about $3.00?

Complete BS, most of those charges are considered normal wear and tear. I'd take em to small claims court just for the privledge of watching him trying to justify to the judge that he wants a pound of flesh from you for your smoke detector batteries. Get an itemized repair cost from the landloser and head down to city hall. At most I could see about $2.50 for the wood putty to fill in your 1/4" hole in the floor as being your responsibility.

[Kebinminn]

Good luck collecting, I think you may have something given that they say in the letter things you should not be responsible for unless your lease said otherwise.

Years ago I left a rental and had a similar problem. It sucks. Photos are a good idea, I learned that one.

[Ghengis]

I still fail to see what "damages" other than a little hole in the floor, the OP is negligent for. Did the LL ever provide an itemized list of the damages he's basing the withholding of the deposit for?

The law heavily sides with a tenant in these matters against the big bad evil landlord. The tenant's responsibility is to leave a forwarding address. The landlord's responsibility is to return the security deposit within 21 days, at which point interest starts accruing on the money withheld. Once a judgment is made in the tenant's favor, the landlord will have to pay double the interest withheld. If he's dumb enough to screw around anymore with your money the judgment can be tripled. My guess is your landlord is some rube that likely can't find his butt with both hands.

Subd. 3.Return of security deposit.

(a) Every landlord shall:
(1) within three weeks after termination of the tenancy; or
(2) within five days of the date when the tenant leaves the building or dwelling due to the legal condemnation of the building or dwelling in which the tenant lives for reasons not due to willful, malicious, or irresponsible conduct of the tenant,
and after receipt of the tenant's mailing address or delivery instructions, return the deposit to the tenant, with interest thereon as provided in subdivision 2, or furnish to the tenant a written statement showing the specific reason for the withholding of the deposit or any portion thereof.
(b) It shall be sufficient compliance with the time requirement of this subdivision if the deposit or written statement required by this subdivision is placed in the United States mail as first class mail, postage prepaid, in an envelope with a proper return address, correctly addressed according to the mailing address or delivery instructions furnished by the tenant, within the time required by this subdivision. The landlord may withhold from the deposit only amounts reasonably necessary:
(1) to remedy tenant defaults in the payment of rent or of other funds due to the landlord pursuant to an agreement; or
(2) to restore the premises to their condition at the commencement of the tenancy, ordinary wear and tear excepted.
(c) In any action concerning the deposit, the burden of proving, by a fair preponderance of the evidence, the reason for withholding all or any portion of the deposit shall be on the landlord.

more fun info here...

https://www.revisor.mn.gov/statutes/?id=504B.178