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I am a CT renter who has a problem getting my former landlord to return security deposit after moving out. This is not the first problem we have had with this landlord. First of all, upon moving in to the house the LL wanted 3 months security deposit bc he was wary of my SO's credit- for the two years that we lived there rent was always paid on time. We negotiated that we would pay only two months security $2100 but would clean, paint, and install carpet in the home. The house was a disaster and we spent the month before moving in cleaning and making improvements. He also wanted us to fix basement windows which we never completed bc found it was too big an ordeal. I am now aware that in CT the maximum security deposit allowable by law is two months rent which we paid.
Shorty after moving in there was a major snow storm which caused the shed and roof to collapse, causing damage to our child's bedroom and making it unlivable. For 3 months he was without a room and we paid full rent. An insurance appraiser came to the house and appraised the damage for the LL and presumably cut him a check. The bedroom was finally fixed but the shed remained in the backyard and he just put a tarp over the roof. We hounded him for a year about fixing the roof- he claimed the insurance company didn't provide enough money to fix it. I assume he spent the money. Finally after a year, he showed up in November with friends to fix the roof himself. Much of the house was "fixed" by him, including plumbing and electrical work that he clearly had no clue about.
We initially signed a year lease and when that expired we never signed a new lease. We lived there another year, sent him a certified letter of our intent to move and forwarding address. Before moving we repaired any damages and cleaned extensively and took photos and video to document the condition we left it in. It was in much better condition than when we moved in. On the 30th day after we moved, we received a certified letter from LL stating that due to the holidays and waiting on estimates he will need more time to assess damages. First of all, there were no damages. Secondly, even if there were, doesn't he have to abide by the 30 day deadline or does his letter buy him more time? He also never paid interest on our deposit. We asked for the account number of where our money should be in escrow with no reply. I believe he spent the money. We plan to take him to small claims for twice the amount, but would like opinions/ advice from others.
Did he send you the security deposit cheque and did you cash it? Your post is unclear on that point. If so you really don't have a leg to stand on but if he didn't, and you have every last little shred of documentation to uphold your allegations, then take him to court.
He sent no check. And didn't specify any damages or cost only that he needed more time to fgure it out. I just wondered if the letter would allow him more time, although I am pretty sure it doesn't.
Also wondering if we could ask for partial rent refunds for the months that the bedroom was damaged. Or the cleaning, painting, and carpeting that we pretty much did for free considering the deposit he initially asked for wasn't even legal.
He sent no check. And didn't specify any damages or cost only that he needed more time to fgure it out. I just wondered if the letter would allow him more time, although I am pretty sure it doesn't.
Absolutely not. He's legally bound to return your security deposit less any deductions duly accounted for within the time proscribed under state law. If you go ahead and file your case against him and he subsequently sends you a cheque, do nothing with it (and don't respond to him) but retain the envelope and the contents for your court hearing.
Quote:
Originally Posted by Beans331
Also wondering if we could ask for partial rent refunds for the months that the bedroom was damaged. Or the cleaning, painting, and carpeting that we pretty much did for free considering the deposit he initially asked for wasn't even legal.
You can sue for anything at all but whether you'll have it considered or be compensated is a different story!
If you have proof that the bedroom was damaged and unusable for an unreasonable amount of time you can certainly ask for a rent reduction. Unless CT law states differently, a LL is obligated to fix damages "within a reasonable time" and that "reasonable time" is at the court's discretion.
As far as the initial cleaning, painting and carpeting is concerned, you can ask for reimbursement but only if you have all your ducks in a row on that score. You will need written proof that he wanted three months security deposit from you and that in order to reduce that three months deposit to two months you agreed to offset it by doing that work. If you don't have that proof it's a moot point as it could be argued that you simply agreed to do the work and it had nothing to do with a demand for an extra month's security deposit over what's allowed by law.
Emotional issues and most verbal communications don't stand up in court. In order to properly present a case and win it you need documented proof of all your allegations. As long as you have all that proof in the form of letters, texts, emails, receipts and everything else you stand a good chance of prevailing. Good luck!
Thanks for your reply. I agree the painting/cleaning we did is more of an emotional issue in the matter bc we just feel taken advantage of. As for the damage, I don't think he could deny them occurring bc he made insurance claims. And there was a clause in our lease stating we did not have to pay full rent if a portion of the house was severely damaged. But we had just moved in and stupidly were trying to be nice I guess, so we didn't push that issue at the time.
Another aside, the LL insisted on receiving mail at our house, even after we asked him to stop. His other address is a PO Box. So we are thinking he was using our address as his residence for whatever reason. After we moved we drove by and saw a "Notice of Vacancy" posted on the door, looked like a bank notice.
Well in my state, FL, if the roof were damaged making part of the rental uninhabitable, that is something that I have all of 7 days to correct. If it were an insurance claim, such as wind damage for a hurricane, well the rental is correctly insured as a rental, and my insurance provides for hotel time for a tenant. You should have called code enforcement or something on this guy.
Yeah, we definitely should have been more demanding and on top of that situation. The landlord was actually a family member of a coworker/friend and we had just moved in so didn't want to start a conflict or create an awkward situation... But should have handled it then. He did repair the room after 3 months, the roof took a year. I think the fact that we were so laid back when we lived there may have led him to believe he could get away with just not returning the security deposit.
I think the fact that we were so laid back when we lived there may have led him to believe he could get away with just not returning the security deposit.
Then he's in for a surprise, isn't he. I'd get everything together as quickly as you can and get your claim filed.
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I'd get everything together as quickly as you can and get your claim filed.
