Issues With Landlord-Advise Please (lease agreement, deposit, documentation, fee)

[Naptowner]

Most states or localities have some sort of law in place to make sure the landlord gives the deposit back in a timely manner. In Indiana, the landlord has 45 days to return the deposit, but that clock doesn't start running until the tenant gives the landlord the forwarding address in writing. Landlords must then itemize the damage and the cost. If the landlord doesn't return the deposit he is liable for the deposit plus attorney's fees and interest. What state and city are you in?

[KonaKat]

In Hawaii you have 14 days from the vacate date. (in a nutshell) If repairs cannot be completed by that time, you have to estimate the cost, deduct and return what ever is left by that deadline.

[olecapt]

Originally Posted by KonaKat

In Hawaii you have 14 days from the vacate date. (in a nutshell) If repairs cannot be completed by that time, you have to estimate the cost, deduct and return what ever is left by that deadline.

And if the LL does not?

Or responds with a generic? Repairs $523.00?

I believe some cities have some sort of a LL Tenant Court. Most places though it is off to small claims court.

[Va-Cat]

We rented houses for a years so I have a few questions and suggestions for you.

Did you and the LL do a walk through of the property at the end of the lease? Did you take pictures of the property after removing all of your personal items but before handing over the keys? (Always do this with any rental property, even an apartment!) Were the LL's concerns/claims of damage put in writing to you? Did you answer in writing on what and how you would address his/her concerns? At this time, it appears to me that the LL is stalling on returning your deposit. I suggest sending a certified/signature return request letter to the LL requesting the return of the security deposit and advising that if it is not returned within 30 days that you will be filing suit. If after the 30 days has elapsed you still have not received the money back, you will have to file suit in small claims court for its return. Look up on the internet on your state's website for your rights and responsibilities as well as those of the LL to make sure that you are doing things in proper sequence. Good luck!

[rgree]

This issue is continuing. He has added items to the list of concerns. He has also stated that he spent X amount on a repair that did not work and that he intends to spend X amount on another attempt.


I live in Las Vegas and I'm beginning to learn about what I'm up against here. But again, any suggestions would help greatly.

Thank you everyone for the advice so far!

[phonelady61]

I think you should just let the landlord have the money and leave it alone cause it is so not worth fighting over it and really for your sanity just let it go . good luck .

[rgree]

The landlord was in violation 30 days after the end of the lease
I may file small claim tomorrow. I think the poster above me may be the landlord himself lol... Never give up, never surrender!!

Found it:

NRS 118A.242 Security: Limitation on amount or value; duties and liability of landlord; damages; prohibited provisions. 1. The landlord may not demand or receive security, including the last month’s rent, whose total amount or value exceeds 3 months’ periodic rent.
2. Upon termination of the tenancy by either party for any reason, the landlord may claim of the security only such amounts as are reasonably necessary to remedy any default of the tenant in the payment of rent, to repair damages to the premises caused by the tenant other than normal wear and to pay the reasonable costs of cleaning the premises. The landlord shall provide the tenant with an itemized written accounting of the disposition of the security and return any remaining portion of the security to the tenant no later than 30 days after the termination of the tenancy by handing it to him personally at the place where the rent is paid, or by mailing it to him at his present address, or if that address is unknown, at the tenant’s last known address.
3. If the landlord fails or refuses to return the remainder of a security deposit within 30 days after the end of a tenancy, he is liable to the tenant for damages:
(a) In an amount equal to the entire deposit; and
(b) For a sum to be fixed by the court of not more than the amount of the entire deposit.
4. In determining the sum, if any, to be awarded under paragraph (b) of subsection 3, the court shall consider:
(a) Whether the landlord acted in good faith;
(b) The course of conduct between the landlord and the tenant; and
(c) The degree of harm to the tenant caused by the landlord’s conduct.
5. Except for an agreement which provides for a nonrefundable charge for cleaning, in a reasonable amount, no rental agreement may contain any provision characterizing any security under this section as nonrefundable or any provision waiving or modifying a tenant’s rights under this section. Any such provision is void as contrary to public policy.
6. The claim of a tenant to security to which he is entitled under this chapter takes precedence over the claim of any creditor of the landlord.
(Added to NRS by 1977, 1334; A 1981, 1184; 1985, 1414)

[olecapt]

sic em...

I knew a statute existed but I did not know it had a damages clause. Have fun.

Small claims court is easy. You can get the forms on the net and then go down and file and have the constable serve the LL. Only thing wrong is it takes a while.

[johnrex62]

Your key point here will be the walkthrough document. You did hold a walk through, right?

Anything not found on during the walkthrough will be very hard to convince a judge that such hidden damage was a direct result of your actions and not part of reasonable wear and tear. Plus, you might be able to contest many of the walk through damages as reasonable wear and tear if you get before a judge. Painting and carpet are notorious claims by landlords and unless they can demonstrate that you wore them out well before their normal useful life, they are not eligible to be deducted from a security deposit. Holes in walls and things like oil stains in the living room carpet are not normal wear and tear. dingy paint and spots and walk patterns on carpets are normal wear and tear.


Good luck.

[rgree]

This is looking better and better.

We did a walk through and the only things that were mentioned were a door jam that was off centered, which he claims to have fixed for $90 and that the house needed to be cleaned again. I had the house clean, I have the receipts and I have photos of the day after the cleaning.

He's big claim is that there are oil stains in the garage. That could be normal wear and tear, but he has not had it fixed and claims that that is the reason for the delay.

60 days after the lease term, he added cigarette smell and other little items.

My understanding is that he had 30 day to make us aware of all issues to be covered and restore the security deposit.

Even if he had only 30 days to make us aware, he could have done anything since that time to have made additional situations himself and/or he could have done nothing, just dragging his feet on the payment.

I am preparing a letter for both Certified and regular mail, both with return receipts, to be mailed tomorrow, requesting the entire amount with in 10 days, on account of the amount of wait and discrepancy in information. I understand that I than have to wait until the period has expired before pressing with small claims

I'm pretty dedicated to this. Any thoughts??