How many people out there have got all there deposit back when leaving a rental property?

Question

When leaving a rented property how many out there did not get there full deposit back even though you left it just as you found it?
Also has anyone taken the landlord to court because of this and won their deposit back (was it very easy?)

Answer 1

You should always receive it back if the property is in A1 condition. If you dont you can take your landlord to the small claims court for a small fee - you will get this back if you win your case - it will be added to the amount he owes you. If you feel you have a grievance here, do proceed to court because it is a simple enough procedure and its not something you should even consider worrying about. Very informal and you just have to put your point forward. Good luck.

Answer 2

I have rented three different properties in the past and have always obtained my deposit back. This was mainly due to the fact that the houses were always in a better condition when I left to when I arrived.

I did have an argument with one landlord though. We repaired alot of the house and did some decorating (keeping in line with the owners own decotaion) and replaced two doors out of our own pocket- basically so we were happy to live there knowing it looked nice and clean, however we removed one of the lamp shades which was broken and covered in mould. We duly replaced it with a brand new one only to be told we were being charged as it was not the original that came with the house. Out of principal I refused to pay the bill as we had already replaced it with a far superior model (which wasnt tacky in the slightest), and eventually won.

The only advice I can give you is don't let landlords dictate to you if the house is honestly in the same or better condition than when you arrived (allowing for some wear and tear).

It is often good to go through a third party (i.e. estate agent), although they may charge you a half yearly inspection fee, you have more chance of getting your deposit back as they hold it on behalf of the landlord. They will have to justify to the agent why the deposit should not be returned.

Also an agent will also be useful in getting problems sorted with the house if things go wrong!

It is sometimes worth paying the little extra - certainly in my experience.

Answer 3

I have personally had a problem with a landlord who would not return my deposit. I found a lawyer and had him write a demand letter with the threat to take him to court if my deposit was not returned. The action finally (after 6 months - I blame this on the slow lawyer) spurred the landlord to settle the action before going to court. After retainer fees and the return of the deposit money I settled for just a little more. Was it worth it? Yes to teach him he is not above the law, by virtue of his checkbook. I believe all tenants should be treated with respect and honesty, unless they break the rules then they deserve every action you give them. I personally while renting acted with honesty and integrity towards this Landlord but he decided to act otherwise. If you are having problems check out the landlord tenant rights in your state and if you need representation contact legal aid if you cannot afford a lawyer, they will often assist in helping you get your deposit back. Take pictures of the place you vacate to prove condition, and in the end contact your state's AG if all else fails. They will either help or point you in the right direction.

Answer 4

The landlord has 30 days to provide you with an itemized bill and the remainder of your deposit. If you were there more than 2 days, you may be entitled to interest on the deposit as well.
If the landlord detailed every last dollar, then you don't have much room for complaint - even if it's all nickel and dime crap. But if they fail to account for the portion they withheld, then you can take them to small claims. Often the tenant will get several times the amount of the deposit.

Answer 5

I have never gotten my deposit back even though I have left the property in a clean state. One landlord said that because I handed the keys back one day late I lost my deposit (even tho she wasnt available the day i was supposed to hand them in). Another said she had to shampoo the carpets, another said that because I asked for so many repairs to be done while I lived there He wouldn't give me the deposit back. They do this because they know that taking them to small claims court is going to cost you more than its worth & the majority of us cant afford the court costs. Try citizens advice. They are really good & will prolly be able to help you.

Answer 6

The first time I rented, it was month-to-month from a landlord. He was so bitter with me for moving out (I was moving because he raised my rent 25% with no warning.) That he refused to give me my deposit. I had to threaten to take him to small claims court before he paid up. The second place I rented took a bogus charge on my deposit, giving back about 70%, because they said my apartment had a "pet odor". I later found out that everyone that has a pet in that apartment complex is charged for "pet odor" despite the extra deposit given for having the pet, and whether or not there actually was a "pet odor". I had to just let that one go.

Answer 7

I'm only in my second rental property now, and I'm being extra careful with it. I clean the cleanable bits every week at least once, and hoover twice a week, AND clean up the slightest mess as soon as it occurs.

I lost most of my deposit in the last house because the inventory wasn't complete and accurate. My advice to anyone renting is to go obsessive with the inventory clerk and tell them you're not signing until every last mark and stain is noted on the inventory, as this is what the return of your deposit depends on.

Answer 8

We had that problem with the last place we rented... There was a whole heap of crap (old bikes, boxes, an old bbq...) in the garage when we moved in. The property manager who we started off with left, & so someone else took over. When it came to us moving out, he picked on everything, even though the other dude knew about it. We put an application in to the tribunal & in 3 days we had our money back. We didn't even need to go. They were too lazy to go through with all that.

Answer 9

There is a new law now, as from April this year, which should help. I just assume that I will never see that money again, but if you look at it another way, if the landlord could not find a tenant what state would the house be in after 6 months. They should repay you gladly as you have looked after the premises for them.

Answer 10

I'm a landlord and gladly refund deposits if the property is left in good shape. They usually aren't.