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We recently moved out of a house on December 20th, 2014. That same day, after doing a final walkthrough with the landlord, he gave us our security deposit back.
On January 11th, 2015 (3 weeks and 1 day after moveout), we recieved an email saying that cat urine damage had been found. The problem area was in one of the closets. He had already removed the carpet and padding in the closet, and the adjacent bedroom.
The entire time we lived there we lined that closet with a tarp, and due a particular clause in the lease, we heavily cleaned all the carpets before moveout. There was no evident damage or smell when we did the walkthrough. He is claiming that the pad was wet in the bedroom, but I think that was from the excessive cleaning we did throughout the entire 1st floor.
It looks like we are headed to small claims court, and he is asking for $800-$1000 for new carpeting and removal/install services.
I haven't heard of a landlord ever asking for the deposit back after it was already given. We've been told that once the deposit was given, the agreement has ended and it is not legally our problem now.
Below is the clause on the lease, and any help/advice would be appreciated.
Thanks!
Clause 8. Security Deposit
The security deposit of $1275 paid at the signing of initial lease dated March 19, 2013 will serve as the deposit for this lease. Tenant may not, under any circumstances, apply this security deposit to the last month's rent or to any other sum due under this Agreement. After Tenant has vacated the premises, returned keys and provided Landlord with a forwarding address, Landlord will, within 30 days, return the deposit in full or give Tenant an itemized written statement of the reasons for, and the dollar amount of, any of the security deposit retained by Landlord, along with a check for any deposit balance.
Release of the Security Deposit is subject to the provision of the State statutes and as follows:
• The full term of the Agreement has been completed.
• Tenant must give one month written notice to vacate prior to the end of Agreement.
• No damage or deterioration to the premises, building or grounds is evident.
• The entire dwelling, appliances, closets, cupboards are clean and free from insects, all debris and rubbish have been removed from the property, carpets are vacuumed and cleaned and deodorized.
• All unpaid charges have been paid including late charges, delinquent rent, etc.
• All keys and garage door openers have been returned
• A forwarding address has been provided to the Landlord.
He removed the carpet after you moved out? Then found damage under the carpeting?
It's my understanding that landlords can't come back for more, once their window of opportunity has passed for returning your security deposit. But, I'm wondering if he can come after you with a separate suit, that has nothing to do with your deposit. I'm wondering if this wouldn't come under the Statute of Limitations for suing someone.
In other words, since he handled your security deposit properly, there's no issue there. Now, he's suing you under the Statute of Limitations (which determines how much time a person can sue someone for something - usually 1-3 years or so) for damage he discovered afterwards.
So, I'm not sure you have a slam dunk. But, small claims court at least doesn't require a lawyer. You can go and just tell the judge that 1) he inspected and reimbursed your deposit, which shows that there was no evident damage or odor; and 2) if there was damage, it wasn't done by you; and you question whether or not the law allows the LL to sue you after he's inspected and returned your deposit.
You could pay a lawyer to find out if the LL has the right to sue you, and if so, the lawyer can help you prepare your case for small claims court. If it was me, I wouldn't spend the money on a lawyer, and would take my chances with the judge. If you lose, you can then get a lawyer and appeal.
Double check on the small claims rules for where you live, though. The above is how it works in CA for sure. May be different wherever you are.
Last edited by NoMoreSnowForMe; 02-03-2015 at 01:04 AM..
I haven't heard of a landlord ever asking for the deposit back after it was already given. We've been told that once the deposit was given, the agreement has ended and it is not legally our problem now.
Unfortunately that's not quite correct. This is a separate issue from the security deposit and entails a demand for damages. I believe you'll find out that a landlord in this case has up to 5 years to make such a claim but this is a point you can easily and at minimal cost (if any) confirm with an attorney.
I believe the OP is in Kansas where a landlord has 30 days to return the security deposit. He returned the SD when the tenant moved out and upon finding the additional damage, advised the tenant 22 days later so I believe can still claim against the SD even though he returned it prematurely.
That's why I don't give deposits back until very close to the end of the 30 day period. While I am cleaning and preparing to re-rent, I always find damage that was hidden.
I suspect that the landlord can indeed sue you for damage and if he has documentation, he can win. It looks to me like he notified you of the damage during the inspection period.
Perhaps not you, OP, but there are a lot of tenants who go to some great lengths to hide damage to their unit. Lots and lots of covering up of foul odors and shaky repairs and cover-ups. Because of that, most judges are going to understand that damage was found after the tenant was out and during the make-ready time period.
The mistake your landlord made was to refund your deposit without a thorough inspection.
You mentioned lining the closet with tarp...why? Did you have a litter box in there? Cat's claws will rip tiny holes in the tarp thus allowing urine to leak down into the carpet. The tarp actually makes them want to pee on it as for some reason cats usually like to pee on plasticy stuff. You should have kept the box in a tiled area like the bathroom or laundry room. If you cleaned the carpet, any pet urine smell will dissipate temporarily till the cleaner scent wears off. I know as I moved into a rental that smelled fine. A week or so later a persistent smell emanated from the upstairs halfway where upon pulling back the carpet, you could see the urine puddles.
If you did not have any litter box in there, I would dispute it.
I'm not a lawyer, but I think once he returned the security deposit your landlord/tenant contract was finished.
He may be able to sue you in court, but it won't be under the landlord/tenant laws.
This would depend a lot on your state as well.
One thing you should be aware of is "depreciated value". For example, if a carpet has a useful life of 10 years and was new when you moved in. You lived there for 8 years then the carpet has depreciated 80%. If the carpet originally cost $1,000 the depreciated value after 8 years is now $200. Carpet is a wear and tear item. Some states actually define what wear & tear items are.
I would let him sue me in court. I would guess it's a bluff and you won't hear from him again. But, if he actually does sue you make sure you file an ANSWER to the suit in court otherwise you can lose by default and have a judgement placed against you.
You can also try looking at state judicial records and do a search for his name to see if he has a history of suits.
I'm not a lawyer, but I think once he returned the security deposit your landlord/tenant contract was finished.
The LL has presented a claim against the security deposit within the time proscribed by state law (see Post #5) and even though he returned the SD as soon as the tenant left he's still within the time frame to claim against it.
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