2007-06-04 03:29:31 · 15 answers · asked by ivanyu_99 1 in Politics & Government ➔ Law & Ethics
Ask for an itemized list. If you do not agree with the damages they charged you take them to small claims court. Also if the landlord has more than a certain number of rental properties they have to pay you interest on your deposit. The number varies from area to area. Go to your local town clerks office they will be able to provide you with a list of your rights in your area. That will give you a better understanding and make your case stronger. Good luck!
2007-06-04 03:37:27 · answer #1 · answered by castira 2 · 0⤊ 0⤋
First we need to know the landlords reasons. If you kept the place pretty nice, and the only things not so nice are from "wear and tear" from general use. Did you have a second person on the lease that may have received the other half?
If you busted up the place and there is more then everyday damage, then the landlord in intitled to keep some to pay for damages. The landlord must show you what was fixed and have receipts.
Paint, carpet (depending on its age), new locks, etc., are things that should be changed by the landlord when a tenant moves out regardless, so those items should be in the "general wear and tear" area.
2007-06-04 04:00:51 · answer #2 · answered by buggerhead 5 · 2⤊ 0⤋
** For OpenThoughts: In Massachusetts the landlord must give you a written receipt, deposit a security deposit in an interest-bearing bank account and tell you what account and bank it is in within a limited time of starting the rental (used to be 30 days), or must return the security deposit immediately after that time limit. The tenant must then receive the annual payment (or rent credit) of interest (up to 5%) on the security deposit. "In the eyes of the law, the security deposit belongs to the tenant until such time as the landlord has the right to use it." The landlord is also required to provide the tenant with a "statement of condition" within 10 days of moving in (noting any existing damage), and with all records of what damage was done by tenants, when repairs are made, costs and receipts for repairs, for two years after the tenant has vacated. Interestingly, even a "prospective" tenant can ask to see these records! The penalty for not complying with the security deposit law is triple the amount of the deposit, and possibly your attorney and court costs.
2007-06-04 06:01:38 · answer #3 · answered by Nuff Sed 7 · 0⤊ 0⤋
You really need to look at the lease or rental agreement you signed when you moved in. Most of them state you will not receive your deposit back until an inspection takes place and all repairs are made if there are any damages. What I've done, in the past, is have the landlord inspect the day before I moved out and then again right after I've removed the last box. This way we are both looking at the same thing and there will be NO surprises.
2007-06-04 04:20:23 · answer #4 · answered by Anonymous · 1⤊ 1⤋
They have to document to the penny what they were forced to use your deposit for. If they do not do this within 21 days, they owe you 100% of your deposit.
***laws may vary by state, so I would google "landlord and tenant rights in your state"
castira...where do you live where landlords are required to pay interest on deposits? I have been a property manager and/or direct landlord in 7 states, and not one of them required that. The most I ever owned was 147 units, and no interest was ever required.
2007-06-04 03:34:00 · answer #5 · answered by Anonymous · 3⤊ 0⤋
depending on local law. they should have sent list of damages with the 1/2 deposit that was returned if not received in 30 days you should get all deposit. also you didnt say how long you resided at residence? did you leave sufficient notice? can all possible reasons 1/2 deposit was kept
2007-06-04 03:36:53 · answer #6 · answered by rottonweiler 2 · 2⤊ 0⤋
Not much you can do. Its probably in the lease somewhere that they can decide how much of your deposit you get back depending on condition of the place. And its their idea of how good it looks. My GF had her last place professionally cleaned and the landlord still kept her deposit and said the place wasn't clean enough. They can be dirty, but its usually built into the lease so there's not much you can do besides go to small claims court. which will ultimately cost you more and they still wont have to pay even if you win.
2007-06-04 03:34:38 · answer #7 · answered by writenimage 4 · 0⤊ 2⤋
Depends. Were there damages? Did you break your lease in any way? Did you exit the property as stated in your lease? If you didn't follow the rules or left the property in less than satisfactory state, then there is nothing you can do. You are lucky you got half back. If you were totally in the clear, you can sue him for it.
2007-06-04 03:37:31 · answer #8 · answered by Mr. Taco 7 · 1⤊ 0⤋
Honestly, I would just suck it up and move on. I mean really what are you talking about 500 bucks? It sucks, but a lot of landlords are d*cks and there's not much you can do unless you REALLY want to sit through small claims court and waste a bunch of time.
2007-06-04 03:35:50 · answer #9 · answered by Anonymous · 0⤊ 2⤋
Which deposit, cleaning or rent?
Take him to small claims court along with your before/after photos or video of the rental, or proof that you didn't owe any rent, whichever applies.
2007-06-04 03:34:28 · answer #10 · answered by Gaspode 7 · 0⤊ 1⤋