Our landlord was so picky about everything that when we didn't mow our lawn for a week she said we had to hire a gardener and it had to be one she approved of. Any way can she keep all of our deposit for things like the carpet needing to be stretched from people walking on it? And since I had a dog she has already complained about how her windows might be ruined because my dog looked out them all the time. There is nothing wrong with the house and we lived in it for over a year. Can she take my whole deposit?
2007-03-08 13:26:43 · 5 answers · asked by Married and loving it!!!! 3 in Business & Finance ➔ Renting & Real Estate
Fight back. Land lords keep money because most people do not fight them. I had several landlords in college try to keep my money and i sued each one. And i won. I Hate how landlords try to take advantage of people, now as a landlord i always give the deposit back. (unless they really did damage things)
Remember they also have to allow for normal wear and tear.
Good luck
2007-03-08 13:56:42 · answer #1 · answered by frankie b 5 · 2⤊ 0⤋
If the lease said that you were responsible for upkeep i.e. mowing the lawn, it was your responsibility. You should have challenged her on hiring a gardner - I'm sure that wasn't in the lease and IF it was ONLY a week, she is really overstepping her bounds. Unless there is a provision in the lease - she cannot force you to hire a landscaper that she approves of. She CAN however, hire one on her own and deduct it from your deposit if you are in breach of the contract. If you resolved the situation without her having to pay someone, she cannot keep your money on that count. Did you take pictures when you moved in and also when you vacated? You should always do that (photos that are date stamped). If she had to hire someone to make repairs due to your negligence, she can keep enough of your deposit to pay to have them taken care of professionally. She cannot keep your deposit for items that are "normal wear" of the property. The other thing you want to look at is if the lease says the deposit is "non-refundable" - if so, you are out of luck. If there was something in the lease not allowing dogs & you had one, that is another way she can keep the money. Pet deposits are totally separate from security deposits and are typically non-refundable.
2007-03-08 14:00:49 · answer #2 · answered by Mrs. Goddess 6 · 0⤊ 0⤋
What state are you in?
Did you do a move in and a move out inspection? Did you owe any rent on the way out?
In California, a landlord has 21 days to return your deposit. If they are taking deductions, they usually are required to have receipts for any work done (I don't know if they have to send you copies of the receipts, but they need them to prove charges). You get an itemized statement of deductions, not some vague thing like "carpet stretching". Um, she will need to prove she had to hire someone to "restretch" the carpet.
In California, you can sue for treble (triple) damages if you don't get your deposit back on time. The laws will vary depending on your state and local laws, but it sounds like she is just making the crap up off the top of her head, and you need to demand receipts and tell her you will sue her in small claims court.
2007-03-08 13:35:12 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Sounds like you have a picky landlord. She can only keep your deposit for damages, cleaning, and unpaid rent. Not only does she have to return the whole thing, but any interst it accrued while in escrow.
Here's a tip for you - lift the top off your stove and look under the burners/cooking surface. You'll be amazed at what you find. They know it too.
2007-03-08 13:43:48 · answer #4 · answered by Jim C 5 · 0⤊ 0⤋
Reread your contract. See if there are any hidden fees. Also get your own estimates for items she's claiming need repair.
2007-03-08 13:31:52 · answer #5 · answered by Mariposa 7 · 1⤊ 0⤋