How do I get my deposit back from my land lord?

Question

I'm renting the lower floor of a house as a studio for 3 months (just 3 weeks left). My land lord has a $1000 deposit that i dont think im going to get back in full.

The main chunk is over changes in a water bill. Somehow her waterbill has increased $260 which she claims is from filling the hot tub twice. But according to the utilities website water costs less than $10 for 1000 gallons which is probably how much irregular water was used, this includes sewage fees too!!)

I pointed this out to her and instead of discussing it she threatened to charge extra for having had a guest over for a week ($50/day).

If she wont give the money back what are my options? Also, what if i just refuse to move out as a way to recover the deposit?

Answer 1

been there, done this, got the t-shirt !
Be smart ! Tell her that you are going to use the security as the last month's rent, don't tell her until the rent is due, land lords are KNOWN for NOT returning the security deposit, ya NOT going to get it back, FUGGETABOUTIT, it will cost her $2000 to start the eviction notice, and you have 3 months before they can even think about throwing you out, she'll see it your way, and she probably won't like it but, "Tough darts farmer", her water bill will not increase by the hot tub being filled twice, it increased because, she has a tenant, what ? she did'nt know this ? yea right !

Answer 2

Some of the best ways to ensure that you get your deposit back are moot at this point. You need to do a great job in documenting the condition of the place when you move in. You need to understand the landlord mentality around what their issues are with the condition of their places.

Leases or rental agreements need to clearly spell these issues out.

Show her the utility information about how much water costs (you are right, there is no way filling a hot tub twice increased the costs by $260 -- actually the increase is probably due to a leak somewhere, something she should be really concerned about!).

Can't charge for a guest unless it's in the lease/rental agreement.

Another poster said to use the deposit as last month's rent. This is illegal and you would be in breach of your lease if you don't pay it. Get ready to go to small claims court if it isn't returned in due time (the rental agreement/lease should say how and when it gets returned).

good luck!

Answer 3

WHAT does your lease say about paying the water bill? IF it says you pay half, you pay half. We don't always think of these things going into a lease because you think, "how much water can you use?"
It all depends on the deal you made with her. BUT she cannot begin charging you for a guest at the rate of $50 per day either. I am sure your lease addresses visitors too.

When you are ready to move out, you have her do a walk thru of the unit with you & fill out the "move out check list" giving you a copy when finished. If she is charging you with something she must write it down along with a price on the list. Remember normal wear & tear. She cannot charge you for painting or general cleaning. That is expected after EVERY tenant vacates.

You realize IF water is included in your rent, she cannot do anything to you.

Answer 4

The landlord has no right to deduct water usage from your security deposit unless your lease states that you are responsible for the water bill (or any portion/overage).

The landlord also has no right to charge or make deductions for a guest unless it states in your lease that there is a($50/day) charge.

The landlord has a set amount of time in which to account for/return your deposit after you move out. In most states, it is 30 days but it does vary.

Google your state's landlord tenant laws to find exactly how much time the landlord has.

If the landlord makes deductions that you do not agree with, send a certified, return receipt letter disputing the charges and demanding your full deposit.

If the landlord still does not return your deposit, you only choice is to file in Small Claims court and let a judge decide.

Failure to move out will lead to eviction.