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Lacerta, you are a reasonable landlord. But the OP's landlord is not. You can't reason with unreasonable people.
The OP could try, but why prolong the pain?
Your approach would work with you or me, but then, we would never do this in the first place.
It's just easier to leave it all up to a judge. And a judge will probably give more back to the tenant, than the tenant would think to negotiate for him/herself.
And by the way, I have my 1 bdrm apt deep cleaned once a year, including getting my oven/stove done. Hired a lady off Craigslist who was recommended to me by someone else. She does it ALL for $200 - including the oven.
You don't stand in front of the oven for 4 hours. You spray the stuff in there, go do other stuff. Go back and wipe it out.
The easiest thing to do would be to ask for the entire security deposit back in a letter mailed with proof of delivery, saying that you dispute all charges, and give the LL a deadline to return your money. Give it a week or so. You have to have asked for your money back before you can file in court.
Then, when you don't get it back by the deadline, file in small claims court for the whole shebang. Then let the judge decide what's fair. Also ask the judge to make the LL pay your court filing fees if you win.
I hate when landlords do this. Bad enough to rip off the whole deposit, but they're just asking to be sued when they try and get even more money. Unfortunately, enough tenants get bullied into paying, that it's worth the gamble to the landlord. Grrrrr.
do you mind explain to me a little bit more?
like do i just write a letter and say I'm not paying for those and I want security deposit back?
do you mind explain to me a little bit more?
like do i just write a letter and say I'm not paying for those and I want security deposit back?
Sure, Be sure and send it with proof of delivery. If you want, you can send it via regular mail with proof of delivery, and also send it via email, if you have communicated that way in the past. You're double covered that way. Especially if she responds to your email.
Dear Landlord:
I dispute your withholding of my security deposit in the amount of $__________, as well as the additional money you have demanded in the amount of $_______________.
Please return my original security deposit in the amount of $____________ to me by July 21, 2013 to the following address:
Tenant
Blah Blah Address
Sincereley,
Tenant
You don't need to be any more specific than that. And it's probably best if you don't threaten small claims court at this point. The reason is, if the LL decided to take you to regular court before you can beat her to small claims court, then you would need to hire an attorney. You don't need an attorney for small claims court.
This way, you wait to get your money back, when LL refuses, or you don't receive the money by the deadline, then file immediately in small claims court, so LL can't beat you first to regular court.
Feel free to direct message me, if/when you get to the point of filing for court, or come back here and post.
Sure, Be sure and send it with proof of delivery. If you want, you can send it via regular mail with proof of delivery, and also send it via email, if you have communicated that way in the past. You're double covered that way. Especially if she responds to your email.
Dear Landlord:
I dispute your withholding of my security deposit in the amount of $__________, as well as the additional money you have demanded in the amount of $_______________.
Please return my original security deposit in the amount of $____________ to me by July 21, 2013 to the following address:
Tenant
Blah Blah Address
Sincereley,
Tenant
You don't need to be any more specific than that. And it's probably best if you don't threaten small claims court at this point. The reason is, if the LL decided to take you to regular court before you can beat her to small claims court, then you would need to hire an attorney. You don't need an attorney for small claims court.
This way, you wait to get your money back, when LL refuses, or you don't receive the money by the deadline, then file immediately in small claims court, so LL can't beat you first to regular court.
Feel free to direct message me, if/when you get to the point of filing for court, or come back here and post.
Can I dispute under any circumstances? because the problem right now is that I don't not have a copy of my lease and those thing might be in the lease.
Can I dispute under any circumstances? because the problem right now is that I don't not have a copy of my lease and those thing might be in the lease.
Yes, dispute it anyway.
It's too bad you don't have a copy of the lease, just for your own knowledge, but the burden of proof will be on the landlord to prove the charges were reasonable. You have nothing to lose.
And the thing is, even if the lease says she can charge all these charges, if that's not legal per VA law, it doesn't matter what the lease says. The law always trumps.
So, it's still in your best interest to take the gamble.
Small claims court isn't scary. Judge's are really fair and reasonable, and good at seeing through people's crap. Just be calm and respectful, and show the judge the itemization and request for money, and tell him/her that you don't think that's fair. That you don't know the law, but you trust the judge to help you by deciding what's fair.
The judge will love you if you just keep it short and and sweet and respectful. I really don't see how you could lose.
I've had great luck in small claims court, and even in workers comp court, where I represented myself. Court is fair and not scary, unless you are a lying criminal - and of course, you aren't :-)
It's too bad you don't have a copy of the lease, just for your own knowledge, but the burden of proof will be on the landlord to prove the charges were reasonable. You have nothing to lose.
And the thing is, even if the lease says she can charge all these charges, if that's not legal per VA law, it doesn't matter what the lease says. The law always trumps.
So, it's still in your best interest to take the gamble.
Small claims court isn't scary. Judge's are really fair and reasonable, and good at seeing through people's crap. Just be calm and respectful, and show the judge the itemization and request for money, and tell him/her that you don't think that's fair. That you don't know the law, but you trust the judge to help you by deciding what's fair.
The judge will love you if you just keep it short and and sweet and respectful. I really don't see how you could lose.
I've had great luck in small claims court, and even in workers comp court, where I represented myself. Court is fair and not scary, unless you are a lying criminal - and of course, you aren't :-)
Thank you so much, I think Im going to negotiate with him first and if he is still not going to be reasonable, i might have to take it to court. The court is my last resort because I'm still a student and our landlord owns like a whole street, so whenever he does anything(such as add policies to the neighborhood after we moved in) we usually just have to follow it giving that no matter how inconvenience it is for us. it also feels like i'm going up against someone with background/lawyer/money. etc.
Thank you so much, I think Im going to negotiate with him first and if he is still not going to be reasonable, i might have to take it to court. The court is my last resort because I'm still a student and our landlord owns like a whole street, so whenever he does anything(such as add policies to the neighborhood after we moved in) we usually just have to follow it giving that no matter how inconvenience it is for us. it also feels like i'm going up against someone with background/lawyer/money. etc.
That's the beauty of small claims court. No lawyers allowed.
Just don't live on his street afterwards. I have no patience with bullies....or their victims. Honestly, drives me nuts when people come here whining about a bully, then don't defend themselves. What's the point? Attention?
Sorry to be harsh, but it drives me nuts. If you just want attention, and don't want to know how to deal with a bully, I wish you wouldn't post here and get a bunch of us invested in your story. Go post in the relationship forum.
Off you go then. Whoa is you. Bully owns the only street in America. Whatever you do, don't move.
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