Can a landlord keep my deposit and expect me to pay more after i have moved out and cleaned the apt.>?

Question

My landlord expects me to pay above the deposit i gave when i moved in. I cleaned for 5 hours and she says that the place wasn't clean. I had 5 other people helping me clean. the place is spotless. Now she wants more money in addition to the deposit. I think this is extortion. She says if I don't pay the extra, she will take me to court and sue me for the extra. I have done everything I can to make the place *move in* condition. Does she have a right to demand more money above the deposit?

Answer 1

Don't be intimidated.....welcome a day in court. You too have rights and it sounds like your landlord is trying to scare more money out of you.....

In fact, beat her to the punch.....Each state has a deadline in which the landlord must either return the deposit or specify what is being held back - in writing.....in AZ, it's 14 days....other states a little longer....google your state and landlord/tenant laws and you'll find your deadline.....

Get your proof (and witnesses) together that the apt was cleaned well enough to return your deposit.....the judge will then expect the landlord to Justify her reasons for not returning it.....he'll laugh her out of court and probably award YOU double damages....

The day after the deadline has passed w/ no refund or letter from the landlord, you go to small claims and request a hearing.....serve notice on your landlord and look forward to it....

The judge is there to prevent landlord abuses (as well as tenant abuses).

Answer 2

In most states, yes she can. First off (and it may be too late for you) did you perform a move out walk through with your landlord? What if anything was documented as being deficient?

Landlords can only hold back a security deposit for charges and damages that are above normal wear and tear. Yes they can charge for cleaning if they can prove what has been missed (ie: spillage under the fridge or burnt residue in the oven,...)

If you did not perform a move out walk through, then it becomes a case of your word against hers. At that time, line up your witness and get ready for your day in court.

Regardless of which situation you are in, I would ask for a final accounting (a list of specific charges against your deposit) if you have not already received one. This is what your landlord will have to use to try to prove her case. You can then go over it item by item and prepare yourself.

If this goes to court, a judge will determine if those charges are valid and if you still owe money to your ex-landlord.

Just to be prepared and to know your rights specific to your area, contact an attorney or a legal aide office for more options.

Answer 3

Leasing laws vary by state, so check for where you live, but in Georgia, they can. The landlord has to provide an itemized list of what they had to replace/ repair/ clean to make the unit rentable again. If it goes above the amount of your deposit, they can bill you for that money (if it's in the lease). Ask your landlord to see the itemized expenses, and use your discretion (If they were stupid enough to pay $30.00 for a refrigerator light bulb, that doesn't mean you are too!). Know that your landlord may not have to give it to you- again, check leasing laws where you live. Unless you had pets or lived there for a long time, the deposit should be enough to cover it.

Answer 4

It sounds to me like you have five witnesses that say it's clean. Does she have a list of things she's charging you for that she thinks add up to more than your deposit? Did she go through the apartment with you to point them out? She has to prove it isn't in the same condition it was in when you moved in. Call a lawyer and find out what the laws in your state are. You should be able to find one that will answer your questions without paying a fee, or a low-cost attorney if you can't afford it. Most places have some kind of assistance for people who need legal help. My former landlord sent me a list for things that didn't need fixing or were maintenance issues and he waited to long to send the letter so I'm suing him.

Answer 5

Unfortunately, anyone can sue anyone for anything.

Have the landlord take you through the apartment and show you exactly what has not been cleaned to her standards. While you are there, take pictures of the whole apartment and also of the specific places she claims are not clean enough.

You are not responsible for normal wear and tear. After the tour try to come to an amicable agreement. If she still will not return your deposit, sue her for it in small claims court with your pictures and friends as witnesses.

Answer 6

She must provide you with an itemized list of charges due that are above and beyond normal wear and tear. It is extortion. Get an attorney.

Some importiant questions - How long did you live there and what is she claiming needs to be repaired, and upon what grounds? Normally repairs for carpet or something are on a sliding scale. For example, if you were a tenant for one year, and the carpets are ripped up, stained, and otherwise unfit then you may be subject to pay all of the repair. If you were a tenant for 3 years or longer, you are not liable for any carpet repair as it is considered normal wear and tear by that point. These are just examples and may not apply in your state.

Answer 7

Take a good look at the contract that you signed for renting the apt. The answer to your question should lie somewhere in it. Both your rights should have been spelt out clearly. Consult someone who is familiar with the local laws and a lawyer only as a final resort. Mediation is a better option than going to court in resolving disputes.

Answer 8

i know this is too late to help you but when i moved out of my last apartment i actually took pictures that were date stamped of the place after we cleaned it to avoid this...what does she mean by move in condition...it sounds like she is trying to get more money from you for whatever reason...your town should have someone in the housing department who can help you..my one landlord tried to raise my security deposit after i had lived there for 4 years,since the rent went up he figured i should pay more,which i did not do

Answer 9

In CA they can sue you and most likely win. It appears on your credit report for years, so make sure you are right before fighting.

The deposit covers more then dirt, that is only a minor thing. You could easily owe more if you damaged the property itself. Did you break anything? Let the landscaping die? Paint it odd colors?

Answer 10

she can demand all she wants, thats why everyone uses the deposit for the last months rent, I got burned once too, They have the deposit/security, so "SUE ME !