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I recently purchased a home and moved out of my apartment. Our lease was up, full notice was given, and the apartment was left empty and clean. My wife and I have been looking forward to getting our $1200 security deposit back. A check came in the mail but it was not the full amount. Our landlord took out $160 for broken handles on the microwave and dishwasher. The microwave handle was already on its way out when we moved in, and while I'm not positive we put it in writing, I vividly remember our conversation with the landlord about it's ailing condition. The dishwasher handle however did break while we were tenants. One day my wife shut the dishwasher and the handle just snapped off, we sent a note to the landlord along with our rent check that month describing what happened and we never received a reply. Aren't these normal wear and tear items? It is not as if I jump kicked the dishwasher to break the handle. Am I in a position to demand that $160 dollars? Any suggestions? Thanks!!!

2007-02-02 10:26:15 · 6 answers · asked by Sawcutting Shogun 3 in Politics & Government Law & Ethics

6 answers

Most states landlord-tenant laws require that the landlord fill out a conditions checklist before and after you move in which you sign when you move in, and they send you with the remainder of your deposit. If that checklist shows damage to the applicances at the time you moved, in you have a case, otherwise you have no case.

It's usually the tenant's responsibility to ensure that repairs are made by the landlord during the occupancy, the note with he rent check is not enough. You needed to follow up.

I'm usually a big fighter for the little guy, but most tenants don't get 80% of their deposit back like you did. I'd call it good and leave it alone.

2007-02-02 10:37:29 · answer #1 · answered by Anonymous · 0 0

I would say, "Small Claims Court" if you have the handle for the microwave in writing but the dishwasher is on you. Normal wear and tear are a part of your responsibility just as if your light bulb burned out or the electric burner wasn't working and you needed to buy a new one. Renting is to avoid all the taxes and major repairs, not minor. $160.00 seem's a little excessive but when you also pay a repair man to replace these items, it's about right. I wouldn't spend a dime on filing fee's as you should just be glad you got any money back because some landlords will take a look alike apartment that needed work and save photos for every time some has a claim and say you left it in that condition and that's why you don't get the money back. Take what you got and run!!!

2007-02-02 11:24:29 · answer #2 · answered by Tell It Like It Is! 3 · 0 0

Get an itemized statement, concerning the actual costs of the handles, and go prices them at a store.

Send a demand letter for the diffence.

Otherwise, take his to Small Claims Court and bring in the letter as evidence that the handles were worn, and you had informed him that the dishwasher needed a new one.

2007-02-02 10:34:21 · answer #3 · answered by MenifeeManiac 7 · 0 0

Yeah you got cheated and there is not much you can do about it. $160.00 for two handles seems pretty pricey to me. You could go to small claims court, it will take your time. An Attorney will cost more than you claim amount. I see a lot on here where landlords stick it to people that have moved out. Sorry it happened to you, Good Luck.

2007-02-02 10:46:44 · answer #4 · answered by Anonymous · 0 0

Those both sound like normal wear and tear. I'd check your local laws but most likely he owes you the money. You can go to small claims court if he refuses to give it back -it's a quick and easy process with no lawyers involved. Good luck.

2007-02-02 10:35:33 · answer #5 · answered by cibolover 2 · 0 0

as long as you have the signed place of work work right here , youre lined and he cant deliver jointly. sounds like hes in basic terms desperate right here and grasping at straws yet no way can he win right here so dont concern, youll do superb in courtroom and go away out maximum info and only answer as short as a probability what the decide asks you and volunteer not extra documents than needed. Youll be only superb right here

2016-09-28 08:20:56 · answer #6 · answered by falce 3 · 0 0

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