Can a landlord charge for cracks in a driveway? There's more read on....?

Question

My landlord recently took my security deposit because there was supposedly oil stains from my car although I have had it looked at numerous amounts of times by my mechanic and there is no leak of any fluids. Well my landlord took my security deposit for replacement of the entire driveway because there are oil stains and cracks in the cement. Can she do this? I live in MN by the the way!

Answer 1

Oil stains, maybe. Cracks, doubtful. Replacing the entire driveway, absolutely not.

Answer 2

Sure, she can. You have a perfect right to fight it, though. You need to send a letter requesting that she itemize the damage and provide you with documentation that this was your fault, i.e. a 'renter's checklist'.

Send the letter certified mail. A couple of days after you send it, call her up. Inform her that you are taping the conversation, for 'the protection of both parties.' Then, ask her if she got your letter, and if she will be providing you the requested documentation. If she beats around the bush, tell her in no uncertain terms that you feel she is being unfair, and that you know your rights as a renter.

This should scare her into giving you back your deposit. If not, file a suit in small claim court. Many landlords consider the security deposity thier own little 'bonus' at lease signing. They NEVER have any intention of giving it back. It sounds like you ran into such a person. Play hardball. Be civil about it, but don't back down.

Answer 3

Look at your rental agreement or lease. Usually wear and tear is considered. Was the driveway condition recorded when you moved in? I would think that if it is not mentioned that you are responsible in your agreement, then the landlord is wrong!

Answer 4

that doesnt seem right

you should speak to a professional

unless, this was specified in the leasing contact