Sec Deposit: "21 Day Rule", no invoices, should we sue?

[KonaKat]

First, go to the court where evictions are filed; that is usually a good place for all kinds of information on your local LL/tenant law. Then, when you know exactly what you're doing, yes I would sue for the maximum possible. Not having the deposit available is very unprofessional and borders on being against the law! Let us know how this ends up for you.

[DFWLandlord]

I love all the replies and comments, its nice to see people offering to help out, especially when its a total stranger. The only thing I have issue with is the fact that only ONE side of the story is represented here. I suggest using caution when dolling out legal advice.

As an actual Landlord, I see the other side of this story. in MANY cases I have done a quick walk thru with a tenant to view the property upon move out and in some cases even made similar statements, HOWEVER, upon actual inspection and during the make ready process it is discovered that more actual damages are present... for example, in one specific case, I did a quick walk as stated above and things appeared on the surface to be "ok", yet when I went to open the vertical blinds later that day, SEVERAL slats began to fall out of the track. it appeared that the tenant had taped and glued in these slats to make it look like no damages had occured when in fact the entire vertical blind needed to be replaced since not only were the slats broken, but so were many of the clips that hold slats... FYI... it was brand new and installed by me personally upon move IN. Another example in that same unit, the tenant had the water cut off at the time of inspection, and during the actual move out appearantly because the Water valves for the clothes washer were both wide open (from when they had the machine hooked up to the line) and when the water was cut on by the city a small flood occured. The city official noticed the heavy flow of water and almost immediatly cut off the water, but a lot of damage was done by both water AND water presure to the flooring and sheetrock. Initially, it seemed my tenant would be eligable for most if not ALL of the deposit back, when infact they ended up owing ME a balance due for damages. I am VERY fair on move out quality inspections and usually overlok a few simple things, but I also hand out (AT move in/Lease signing) a copy of my personal move out cleaning instructions and proceedures which also itemises the charges for most commonly found issues. One example, when a person moves in, I personally inspect the property (and do MOST of the actual make ready work myself) I know for a fact that all blinds work, all light bulbs work, all plug and switch plate covers are entact. however at move out, I am told by the tenant that those items were "like that" when they moved in.... BS!! In my move out instructions it states that the charge for replacing a light bulb is $10.00 ... if 4 bulbs are missing or out the charge is $40.00. I know this seems high to charge, but look at the other end of it.... MY point of view.... I have to go thru and list all parts needed, this takes TIME, then Drive (this takes gas AND time) to the supply warehouse to shop (again MORE TIME) for the items needed, then, I have to determine what tools will be needed (ex. ladder, pole changer etc.) and gather and load (MORE time) those tools.... then Drive Back (more GAS and TIME) to the location, and make the repairs... so a lot more goes into installing a $.25 light bulb than the actual $.25 cost... I explain in my instruction form that the prices may SEEM a bit high (and maybe in some small way, they ARE a little high) for a good reason... I DONT WANT TO BE CHANGING LIGHT BULBS FROM YOUR USAGE... instead, I prefer YOU change them... if you change it yourself... I wont CHARGE you ... its that simple, by the way, this "instruction" is listed in the lease as addendum to the lease and is perfectly legal... since I am sure someone will bring that up....

[Lacerta]

Originally Posted by bentlebee

I wonder which States aren't requiring it....?

Idaho recommends but does not require a separate account.

[bentlebee]

Originally Posted by Juicebox777

Here are the facts:

- Landlord's nephew lives locally so he dealt with most of our tenancy (picking up rent checks, showing us the house, etc.) We are on good terms with him. He looked around the house and said casually that it looked great and just to fill in the little nail holes from hanging pictures, which we did, and that we would only have to pay a standard cleaning fee of around $160

- Security deposit doesn't come for weeks, despite numerous inquiries. We finally talk to the landlord personally who admits that he does not have the deposit to refund to us, and will send it when his other tenants pay rent on the 1st.

- We receive a check on the 2nd (30 days after we move out), dated 3/1/11 with over $600 taken out with no invoices, just a dubious breakdown of charges

-I send a letter to the landlord addressing the overcharge and the fact that they violated the Civil Code which states that they only have 21 days to refund our deposit and to return the remainder or we will take them to small claims

- The nephew tells us that the landlord and his wife deny that they only have 21 days to return the deposit, and actually that we owe them money for a gas bill (which is not true because our lease states that they are to pay all utilities).

1. Do we have a case?
2. Is there anything additional I should consider to help our case?
3. If we sue, should we sue for the full deposit, plus 2x damages? The law says that we may be entitled to a judgement up to this amount.

Thank you!

Did you cash the check that you received?......if you did, you basically agreed to it and have settled.

[STT Resident]

Originally Posted by bentlebee

Did you cash the check that you received?......if you did, you basically agreed to it and have settled.

Excellent point.