Need advice on taking my landlord to small claims court for the return of my security deposit (apartment, lease)

[Jwalter1]

Hello and thank you for taking the time to read my thread.


Firstly, I am a 22 year old college graduate who rented a duplex for 2 years while I was in school in Conway Arkansas. The security deposit was 600 dollars the day we signed the lease. I moved out of the duplex on may 15th 2013 (2 years later) and had the apartment fully cleaned by a maid service the week prior to moving out which cost me 227 dollars out of pocket. The maid service included cleaning of the baseboards, blinds, refrigerator and stove etc... Floors and walls, ceiling fans. I was at the duplex for the entire three hours while they cleaned and was extremely satisfied with the results. I called my land lord the day before I moved out and asked how the security deposit will be returned and he informed me that any necessary repairs will be taken out of the deposit (expected). He also informed me to leave my keys in the apartment and lock the door. I called him the next day to make sure he received the keys and to make sure everything looked okay. He informed me that he did receive the keys and that he will keep in touch to let me know how much I would be refunded.

Now.. Remember I had the entire apartment cleaned before I moved out. I also made sure to take pictures of the entire apartment including some fading of paint due to the back of my couch rubbing against the wall. It left a thin fuzzy black line which is commonly found when a bed or couch rubs against the wall. In one of the rooms I also had the same thing happen next to where my bed was located.

After a week and a half I called again to politely check in with my landlord to see how the deposit was coming along and was informed that he was waiting on the bills to come in. I thanked him and waited until July 9th to call again. I called him and asked how the deposit was going and he said he was driving and he had just mailed a few deposits but was unsure as to whether or not mine was included. I told him to check and get back with me and that if for some reason he did not have my address he could contact me via phone. I was slowly becoming aggravated but decided to wait until the 60 day period (maximum legal time in the state of arkansas to provide my deposit or an itemization of deductions... I believe). I called again on July 16th and he told me that he spent quite a bit of the deposit on repair. I asked him what he fixed and he told me he spent 150 dollars on paint, 80 dollars on cleaning, some money to fix the back door (I didn't remember it being broken) and some other repairs which he couldn't remember clearly. He then informed me that I would be receiving 264 dollars maximum for my deposit. I explained to him that I did not think he should charge me for paint considering I did not put any holes in the wall or excessive wear and tear. I also explained to him that I have a receipt for the maid service cleaning with pictures to back it up. He disagreed and said I had no idea what I was talking about and that he was not giving me anymore money. I told him I would be sending him a letter demanding the money for paint and cleaning costs plus the 264 dollars (this should add up to around 500 dollars). He told me to do what i needed to do, i replied that if he does not return my money i will be filing a claim in small claims court. I do not know what he has deducted because he never gave me an itemization.

Here is where I need the advice.. When I send him a demand letter I am am also going to send a request for him to send me a detailed itemization with receipts. I also want to demand my security deposit but I'm unsure as to what to ask? Should I ask for the full 600 and wait for 7 days? After the 7 day period if he sends me a check for 264 dollars with or without an itemization I will file a claim for small claims court.

so.. Recap, I called him 5 times over a 2 month period. After the 60 days I have yet to receive an itemization or a check. I have pictures of the entire apartment and I am going to find the phone records indicating I contacted him multiple times. I have a receipt for the cleaning of a professional maid service. I read over the lease and could find no indication that I was responsible for paint. I don't have a physical copy of the lease that I signed but I have access to a neighbors which I believe is identical and I plan on getting a copy.

NOW..... When I file a claim against my landlord should I

A. Claim the money for only paint and cleaning costs that he deducted plus the original 264 (around 500 dollars) , with court fees paid.
B. claim the full amount of the deposit, 600 dollars + court fees paid
C. Claim twice the deposit for bad faith and not following through with the 60 day maximum etc... 1200 dollars and court fees paid

I really appreciate the time you put into reading my thread, I hope that you can help me out!!!

[Rabrrita]

DO NOT SEND THAT LETTER.

Send the landlord a demand letter for the FULL return of the security deposit (if the property is coverd by state law) based on the below, or, you can try to recover double the amount in court.

 18-16-305. Refund required - Exceptions.
(a) Within thirty (30) days of termination of the tenancy, property or money held by the landlord as
security shall be returned to the tenant. However, the money may be applied to the payment of accrued
unpaid rent and any damages which the landlord has suffered by reason of the tenant's noncompliance with
the rental agreement, all as itemized by the landlord in a written notice delivered to the tenant, together with
the remainder of the amount due thirty (30) days after termination of the tenancy and delivery of possession
by the tenant.
(b) The landlord shall be deemed to have complied with subsection (a) of this section by mailing via first
class mail the written notice and any payment required to the last known address of the tenant. If the letter
containing the payment is returned to the landlord and if the landlord is unable to locate the tenant after
reasonable effort, then the payment shall become the property of the landlord one hundred eighty (180)
days from the date the payment was mailed.

 18-16-306. Remedies.
(a) If the landlord fails to comply with this subchapter, the tenant may recover the property and money
due him, together with damages in an amount equal to twice the amount wrongfully withheld, costs, and
reasonable attorney's fees. However, the landlord shall be liable only for costs and the sum erroneously
withheld if the landlord shows by the preponderance of the evidence that his noncompliance resulted from
an error which occurred despite the existence of procedures reasonably designed to avoid such errors or
was based on a good faith dispute as to the amount due.
(b) This section does not preclude the landlord or tenant from any other relief to which either may be
lawfully entitled.

[Jwalter1]

So fill out a generic demand letter asking for the full deposit of 600 dollars? Should I ask for an itemization? Also... If he sends me a check for 264 dollars in reply of my demand letter... Then what?

[5pyg1a55]

$300 doesn't seem worth the court hassle to me. I'd feel lucky if I moved out and an LL only took 300 bucks.

In any case, what Rabritta says is correct- you can sue for double, simply for him not having refunded you anything in the 30 days required by law.

[Jwalter1]

I understand, thank you for the replies. I guess I'm stuck between keeping 264 dollars or demanding 600... Since he didn't comply with the law I could get 1200 back. I don't really know how to write a demand letter or what to include? For example do I need to quote the 30 day law and mention how he didn't comply with it? I just seem slightly lost as to how to create the demand letter.

[5pyg1a55]

Originally Posted by Jwalter1

I understand, thank you for the replies. I guess I'm stuck between keeping 264 dollars or demanding 600... Since he didn't comply with the law I could get 1200 back. I don't really know how to write a demand letter or what to include? For example do I need to quote the 30 day law and mention how he didn't comply with it? I just seem slightly lost as to how to create the demand letter.

Yes, of course. That's why you would demand the entire amount $600 from the LL. Your photos will show ordinary wear & tear and your receipt for the cleaners you purchased before move-out will as well. That's your proof that you don't owe the damages you claim you don't owe. That's for court, to show the judge you cleaned and didn't damage anything.

But it's NO, it's not you who demands double ($1200) back. You don't ask the LL for $1200. You demand $600 from the LL. He probably won't give it.

So then you file a claim in small claims court and sue the landlord for $1200, and if the judge finds that you have a legitimate claim, they award you the money.

[Jwalter1]

Thank you so much

[NoMoreSnowForMe]

I agree with the advice you've been given. Send the landlord a letter that says something like this:

Dear Landlord,

I dispute your claim to my security deposit in the amount of $____________. I demand that you refund the full amount of my deposit in the amount of $______________ to be mailed to me at the following address by July 22, 2013:

Tenant
Address,

Love,

Tenant

That's all you need to do. Then wait for the time to elapse, and when he doesn't comply, then you file in court for double the security deposit plus your court fees.

It doesn't matter if you are wrong or right in what you ask for. When you go to court, be polite, respectful and calm, and tell the judge you don't know what to ask for, you just think this is wrong, you looked up the law and saw that the LL can be held responsible for 2 times the deposit, but you trust the judge to do what's fair and right.

The judge will love you, and you will likely win - at least something. It will be worth your effort and time, in my opinion.

[campion]

So he hasn't actually sent you a check and itemization yet? Wow. In that case, I'd say that your demand letter should include a request to see the itemized damages. At this point, he's already beyond the 60 days, so regardless you could go to court, it's just a matter of whether it's worth trying to resolve out of court first.

[Jwalter1]

No he has yet to send me an itemized list of damages or a check. I will be sending a demand letter very soon indicating that I want the full amount of my deposit back. I will explain in the letter that I have a receipt for cleaning and pictures showing no more than general wear and tear for paint and that he violated the 30 day maximum (originally i thought it was 60 days but it seems to be 30 days.) Hopefully this leads to him returning my full deposit before having to go to court. If for some reason he does not comply I will be filing a small claim for twice the original deposit and court fees paid for (Should I mention this in the demand letter?)