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When I moved into this small apartment complex in 1992, I expected to stay about two years maximum, so I did not have any foresight about my security deposit.
When I moved in, there was a jagged hole in the bedroom door. My landlady at the time confessed to me that the owner ( off site) was cheap and would not repair it, so she said to just cover it up with a poster.
I really didn't care since I planned to be out soon. She wrote on a small piece of informal pad paper in red ink that I paid a $350 security deposit with the date of my moving .
In 1997, both the landlady and owner died, and the complex was taken over by the current rogue management group that is indifferent to our satisfaction and only does the bare legal minimum to make this place livable.
She has even ignored others' complaints about the ex-con that lives next to me since he does yard work for her.
The problem is that I cannot prove that I did not punch the hole in the bedroom door. In fact, I have never met the owner, and I do not think she has ever stepped foot in my apartment. She might not even know or remember that it is there.
If she uses this as an excuse to deny me my deposit, or, if she merely refuses to pay it, do I have any legal recourse to get it?
Even without the hole in the door, I am sure she would avoid paying it if she could get away with it.
Unfortunately you're most likely out of luck on this one. BUT, check out the local price of similar doors (assuming it's not a hole which can be fixed) as those hollow interior doors can be found pretty cheaply. In fact, if you're handy, you can probably even find an inexpensive used interior door and replace it yourself for a few dollars. If the new owners have never been in your place they've no idea what sort of a door is in there and, even if they do, probably don't care ...
When I moved into this small apartment complex in 1992...
In 1997... the complex was taken over by the current rogue management group
If she uses this as an excuse to deny me my deposit, or, if she merely refuses to pay it,
do I have any legal recourse to get it?
or or or...
If you wait until after you move out to do anything... you surely won't get satisfaction.
Dig out your lease and find your state law (links above). Learn what the LL's responsibility is
about holding deposits (are you due 20 years of interest as well?) and the law about returning
deposits and how the Courts in your area distinguish between damages and "wear and tear".
After 20 years of tenancy there should be ZERO basis for a claim against you for wear and tear.
If the hole in the door is the only damage... deal with it before you move out.
Address your concerns NOW. And do so IN WRITING.
Ask them for a response similarly in writing.
Deal with what you have from them once you have it...
but stressing over what might be in advance is just a waste of soul.
Ha, maybe pay someone $20 to fix the hole instead, or even look for a used door someone is throwing out. Probably not even worth the hassle of trying to contest that with them. Heck, after 20 years, they'll probably say they "lost" the deposit information.
Ha, maybe pay someone $20 to fix the hole instead, or even look for a used door someone is throwing out. Probably not even worth the hassle of trying to contest that with them. Heck, after 20 years, they'll probably say they "lost" the deposit information.
The OP has evidence that in 1992 he paid a security deposit of $350 (3rd para).
The hole in the door is something that would not be wear and tear because it is obvious by its nature that it was the result of careless activity.
I certainly cannot address the issue now because I do not want to let the owner know I am moving out until I must give her a 30 day notice once my new apartment becomes available.
A new door will likely be needed.
Maybe I should check in with home depot to get an estimate on the cost of a new door.
I am also wondering if the owner even knows anything about the security deposit since she has never seen the original note.
I don't even remember getting a copy of any leasing agreement when they took over.
It will probably boil down to whether I want to bother taking them to a small claims court.
I will have to check with other tenants about the leasing agreement.
The hole in the door is something that would not be wear and tear because it is obvious by its nature that it was the result of careless activity.
I certainly cannot address the issue now because I do not want to let the owner know I am moving out until I must give her a 30 day notice once my new apartment becomes available.
Then fix door as has been suggested.
I am also wondering if the owner even knows anything about the security deposit since she has never seen the original note.
As long as you have that proof it doesn't really matter whether or not the new LL has it. When you give your 30 day written notice, bring it up.
I don't even remember getting a copy of any leasing agreement when they took over.
If you had a lease originally and it was never renewed then you're on a month to month. If you never had a lease then you're on a month to month. When the new owners purchased the building they assumed whatever agreement you had with the previous owners.
It will probably boil down to whether I want to bother taking them to a small claims court.
It may not boil down to anything to do with small claims court at all. Deal with the door and go from there.
I will have to check with other tenants about the leasing agreement.
Why do you need to "check with other tenants"? Their situation has nothing to do with yours and all the information you need to know about your month to month tenancy is contained in your state's landlord tenant laws and/or in your original lease (if you ever had one).
The OP has evidence that in 1992 he paid a security deposit of $350 (3rd para).
Yeah, but I'd like to see how willingly a big company hands over money because of a hand written note. Obviously try, but I wouldn't hold out hope. But I'm a bit lazy and its 350 bucks, not the $2k I just paid for a deposit, lol.
$350 is a lot to many people and a hand-written note attesting to the receipt of that amount for a security deposit, noted with his move-in date and the former LL's signature is ample evidence whether the current owners are a large company or a Mom and Pop operation. Hopefully they agree with you that it's not worth fighting about and will honor it as they're legally obligated to do under their property purchase agreement ...
Interior doors are pretty cheap compared to exterior doors. You also have to get the hinges and knob added and then install yourself or have someone hang the door for you.
There are lots of used doors available. One place is Habitat for Humanity Restore. This is a retail outlet in many areas and they take donations and then sell the stuff. Used doors there are cheap and plentiful. They have a web site that lists locations.
You could always try to patch the hole and then paint over the door on that one side. This might work out well. Home Depot will assist you with proper patching paste and supplies. You can get a quart of paint. Patching could be done pretty cheap. I would try that first.
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