Can my landlord keep my security deposit for damages I did not do??

Question

Help! I am in a mess. My old landlord claims I left the apartment a mess...I live in Tennessee...I had a 350 deposit and they claim damages came to 469 dollars. I took 3 days out of my schedule to clean the entire apartment so I could get my money back... it was in perfect condition when I left...I cleaned every cabinet, every appliance, every toilet, wall...door...and I have been charged crazy amounts. I received a list in the mail today of charges but it was very vague. It stated for example ''appliance/kitchen cleaning-130 dollars" and when I called to be given a more specific reason, the lady refused because I did not go to the walk out inspection she said I gave up any rights to dispute by not coming to the inspection. At the time I was moving out, they were fine with me not showing up...they didnt mention any of this to me!..it also took 47 days for her to get the letter out to me. Is there anything I can do?? I know this isnt right and I am being screwed..

Answer 1

You need pictures. I would call a real estate attorney and see if they can help. Sometimes when you mention the law they change their tune.

Answer 2

I am always amazed at the number of people who actually expect to get their deposit back. I have moved 37 times since 1987 (all in Tennessee) and have never gotten a deposit back no matter how immacualte I left the place.
First call the lady back and inform her that you have rights and you WILL exercise those rights. You have a right to see the receipts for the cleaning that they had done. If they can not show you a receipt then you can assume that it never happened. Most rental companies hire private maid services to clean properties. have them show you proof. You will probably need a lawyer to be able to exercise your rights. But deffinitely march yourself right into their office and start making demands. Take it over her head to her boss. Mail them letters and keep copies, send them registered mail. Refuse to pay any additional amounts they charge you until they actually provide you with proof that it was done. Call a lawyer, call the mayor's office, usually there is a hotline in the mayor's office that can direct you to the government agency that governs apartment management companies. File a complaint with that agency and the better business bureau. In short make it worth their while to pay you your deposit back. I doubt you will get it but you may get lucky. I know of no one who has ever gotten their deposit back.

Answer 3

You are in a difficult situation.

Although they cannot legally charge you for non-existant cleaning/damages, they have your money and it is not easy to get it out of them without spending more than the $350.

I suggest you write them a registered letter saying that you have reviewed the list and that none of the items apply and that you expect your $350 to be re-imbursed in full. This will probably not work.

After being screwed by landlords this way a couple of times, I started my own protection technique. I never pay my last months rent until the deposit issue is resolved. When they provide me with real costs, I pay up. I am not trying to cheat anyone. When they try to keep my deposit without even trying to satisfy me that it is appropriate, then I let them keep the deposit, and let them try to get their last month's rent from me.

It is a shame that the we can't just be reasonable and trust one another.

I wish you the best of luck on getting your deposit back.

Answer 4

You didn't do the walk out inspection... You have a very poor chance of getting your deposit back.. best bet is to take him to small claims court.. depending on where you live the law is clear on when the landlord is supposed to notify that they are keeping your deposit.. for what ever reason. Good luck.. Next time really go to the final walk through.. It's critical.

Answer 5

You could file a claim in small claims court but it would have to take place in the county your landlord lives in. It would be interesting to see the receipt for the appliance/kitchen cleaning. In Mich it is against the law to charge for cleaning.

Answer 6

You can't prove that you didn't damage the place unless you took detailed before and after pictures. It will cost you large amounts of money and time in order to resolve the problem, and even if you invest the money and time you will still probably lose. Learn the lesson that you need to protect yourself next time and then let it go.

Answer 7

You can sue her for the damages. If you feel that she is being unfair. Did you do a walk through inspection when you moved in to note what was damaged at that time? Get an attorney and sue.

Answer 8

yes, but so does every body, there is only the thanx we give our selves for limiting how dumb we can get, cause they don't have anything to please but themselves and your money is their only plan, they have you for not doing an inspection and if it is their game and they make the rules to cover sticking it too you one more time, and now it's over so that is the way the game goes, sorry everyone one gets it the same way. some places have a $350.00 replacement fee if you loss one of their security coded entrance keys and they make a bundle on them too.

Answer 9

Yes, you are being screwed.
No, there is nothing you can do.

You've just spent $350 on a life experience, sorry.

Don't waste more time and money chasing it, it will end up in more heart-ache and stress.

Answer 10

Might check the internet for renters rights in your state.
Maybe talk to a Attorney.