Whenever I (could be anybody, also), rent an apartment or house, the landlord charges you damage deposit, (sometimes the deposit is the same amount as the rent), let's say $500.00. I've lived in the premise for, say 10-15 years. Through the years the usual damage of everyday living, needs new paint, taps, ect. has happened. The landlord all through these years does minimum repairs, with some years where nothing has been repaired and the maitenance has gone to " pot ", so to speak. The time comes when I move out, and the deposit is not returned because of the damage ( repairs that weren't done). My question, how can landlords get away with this? Also, how much deposit are landlords required to ask for? Has anybody else gone through a situation as such? Also, rentalsman is no help as, it boils down to, the landlord's word against mine, a prominent man of the community. I need some reasonable explanations.
2006-11-03 06:01:10 · 8 answers · asked by trieghtonhere 4 in Business & Finance ➔ Renting & Real Estate
I read in court docs that they cannot withold your security deposit for basic wear and tear, now if you remove fixtures or put holes in the wall tear up stuff pretty bad, that warrants them keeping it. Otherwise, you have a right to get it back. Generally a landlord repaints and puts new carpet in between tenants if one was there for that long. In my experience at least. I mean, i dont know about you but for one 500 is alot of money to me, and for two, its principal that you didnt cause serious damage and should get it back. Id call the local housing board or HUD or whatever and see what your state laws are. If your in the right, consult a lawyer.
2006-11-03 06:23:19 · answer #1 · answered by Let ME be President! 4 · 0⤊ 0⤋
If your deposit was wrongly withheld, then you need to file in small claims court.
It's not "the landlords word against yours". You have the ability to show the pictures you took of the place when you moved in compared to the pictures you took when you moved out.
Also, items have a life span. If your landlord is claiming he had to replace the carpet after 15 years, so freaking what. That's not your fault as the life span of the carpet is much less than 15 years for rental grade carpeting.
Your landlord was responsible for maintaining the property for all those years. Show the judge the letters you wrote requesting repairs and all the certified mail receipts.
"Landlords can ask for any kind of deposit they want." Not true.
The deposit amount is regulated by state and in some cases even city law. My state does not allow any landlord to collect more than 1.5 times the monthly rent as a deposit under any circumstances.
2006-11-03 18:05:22 · answer #2 · answered by BoomChikkaBoom 6 · 1⤊ 0⤋
I agree with Arilynn.
Knowing that it sometimes boils down to one person's word against another's, it's best to document everything. Take pictures of the place when you move in, and throughout the tenancy, including how it looks when you move out.
Keep records of all repairs, and requests for repairs that may have not been done.
"Normal wear and tear" is a subjective term, but it's the usual criterion for acceptable damage. After 15 years I would say that would be considered more than, say, a dirty carpet.
Landlords can ask for any kind of deposit they want.
2006-11-03 14:23:07 · answer #3 · answered by Anonymous · 0⤊ 0⤋
unfortunately land lord tenant laws lean towards the land lord. However, if the landlord is complaining about normal wear and tear things...and not something you have damaged due to your negligence...then you are due your deposit back. If the landlord says the carpet needs to be replaced...and not because of stains but due to normal wear and tear...then he has to replace it at his expense not yours. Land lords are notorious for keeping a tenant's deposit over bogus claims. I suggest you take pictures...then just take him to small claims court. As long as the damages he is claiming is due to normal wear and tear...you will get your money back. I know $500 is nor really a lot of money...but it's the principal of the thing. I know I would persue it.
prior to owning my own home...I have endured these things...and have won.
Good luck
2006-11-03 14:23:16 · answer #4 · answered by Kenneth S 5 · 0⤊ 0⤋
Well I'm not sure about the laws in the state you live in but I do know that here in California the landlord is not allowed to "charge" you for normal wear and tear items i.e. carpet, paint, etc.
2006-11-03 14:20:22 · answer #5 · answered by ssace25 2 · 0⤊ 0⤋
'normal wear & tear'
those are the words to remember when you tell the LL you are going to use in the 'small claims court action suit' against him.
see your legal aid in your city and they will help you free of chg.
predicated on your income,
but the assistance is still there for the asking.
note: the LL can't get away with it, your 15yrs of residensy is trump to all his 'rip off' talents.
just tell him your on your way to court and carry it out...don't bs him like he's doing you!
2006-11-03 15:48:34 · answer #6 · answered by ticketoride04 5 · 0⤊ 0⤋
prior to moving in you should have made a list of all that is wrong,also document that you requested regular maintainence but your landlord did not do specified maintainence and have him or her sign something that you brought it to their attention.Bottom line put it in writing if they wont sign video tape your landlords actions or lack of ,I am tired of getting screwed too.
2006-11-03 14:18:25 · answer #7 · answered by Agent99 6 · 0⤊ 0⤋
I suggest you let it go. you've lived 10-15 years without the money, im pretty sure ur used to not having the money
2006-11-03 14:16:15 · answer #8 · answered by roddy414 2 · 0⤊ 0⤋