security deposit ?

Question

i lived in my old apt. for 6 years. I recently moved out due to someone bringing in cockroaches.
Anyways I fixed up that apartment so much I put in so much money into it. I have gone through 3 owners. The 3rd ownder wont give me my security deposit back. He's trying to say that all carpets were stained (only 1) hardwood floor needs to be redone. Well I redid floor does need to be restained, but who cares. When I first moved in I was getting slivers in my feet left & right.
he also said apt. smelled rotten. I cleaned that apt. I even re painted all the bedrooms. So the apt smelled like paint & bombs cuz I bomed all my stuff so I wouldnt take roaches w/me.
If I wouldnt of contacted him about my security deposit on 30 day im not sure if he would have wrote.
The only thing I should be held responsable for is the rug one stain my kids did w/iron & the door kids wrote on.
My point is he is 3rd owner he dont know condition of apt when I moved in. I need my deposit back for bills

I also have message saved from a month ago on my answering machine stateing that i can use shed rent free for 2 months since I have done so much for him. Meaning I have done all kinds work on my apt & other work on the building.
I dont have money for a lawyer I am single mom w/4 kids.
Thanks

security deposit is 975 plus interested for 6 yrs.
the rug he got where he works for $80-

Answer 1

Rental laws greatly vary depending on where you live. But in our neck of the woods, we have mediators who take care of disputes like this.

One thing he IS responsible for is to present you an itemized list, along with copies of receipts showing proof of the cost, of work done once you moved out with the deducted deposit. If he can't or won't provide them, he has to give you all of the money back. Another thing is that after a certain period if he fails to provide you with documentation detailing what was done and the costs (along with a reduced check), then he loses ALL right to deduct ANY money out of the security deposit, no matter what his cost for "fixing it up" is, and must refund you in full. If he doesn't, then he might be charged a penalty (which you would get) in addition to the full value of the security deposit. In California, that period is 21 days, check your local laws to see what it is for your area.

Small claims court is probably your best option; no lawyers are allowed on either side. Gather up all evidence, including the answering machine message, and send him a registered letter along with copies of your evidence plus your local rental laws for your area, asking that he refund the money immediately.

Answer 2

It really depends on the law of the city and state that you were living in. Each state and even city has different statutes and rules regarding how and why a security deposit can be withheld.

As far as what you may have done to improve the apartment while you lived there (again caveat about your individual state laws) usually those "improvements" are at your own expense and if you did not have an agreement with the landlord at the time you are probably out of luck.

It would help to know where you are at to be able to provide more specific infromation.

Also, usually legal clinics offer free landlord/tenant advice to low income indiviudals. The one in my city is every other week and they deal with a ton of LL/T issues.

Answer 3

Don't be so sure that your current landlord does not know the condition of the unit when you took occupancy. It's very common for owners to transfer all lease papers when a sale occurs, and this may well have included a statement of condition of the property when you moved in. If the current landlord has that statement of condition, he knows what you did to the place.

You do not indicate the amount of the security deposit, but it's entirely possible that the carpet and door replacement ALONE will eat up the entire deposit.

Answer 4

Take him to small claims court. It should not cost much more than $50 to file. You may find your security deposit refund check from your landlord sooner than you think if a lawyer gets involved. Ask him for an invoice itemizing the deductions. By law he must supply this. I hope you took pictures of the place before you moved. How much was your deposit? I went through the same thing, when landlords change hands, new landlords almost always try to keep the security deposit, so it is important you keep before and after pictures. That way you have proof of how it looked before he/she took over. You should not have to pay normal wear and tear and other damages not created by you.

You deserve the majority of your security deposit back. That's my opinion.

Good luck.

Answer 5

There might desire to have been some written settlement once you moved in. in many situations you pays the 1st and final months hire and likewise supply a secure practices deposit. the risk-free practices deposit is frequently equivalent to a minimum of one months hire. the risk-free practices deposit might want for use purely for the risk-free practices of the room/house. in case you vcause harm to the room/house that's going to be taken from this layer. regular positioned on and tear, the want for regularly occurring portray and/or carpet replace isn't considered harm and is not any longer area of this layer. you will possibly desire to agree on the priority of each little thing on the day you progression in, then you certainly examine the day you flow away to the flow-in record to work out what if something has been broken. the effect is then taken from the deposit. wish this helped some.pp

Answer 6

9 times out of 10 a landlord is going to try to keep a deposit. By law the landlord must submit an itemized list explaining the expenses to make the apartment as it was when you moved in (with the exception of normal wear and tear), but even this task is often overlooked because the landlord knows that in order for you to challenge him, you will have to sue (in small claims court where a lawyer is not required). It sounds like you have plenty of evidence to get the majority of your deposit back, but will have to go to small claims to get it.

Answer 7

Contact the BBB in your area. Also notify your city attorneys office of your dilemma. He could be procrastinating to cheat you out of your money. Also check your records to see if you still have the written proof of the security deposit.

Answer 8

it depends on what state you are in, but 6 years is a long time. and carpet is only good for about 10, so he can only charge you a small fee for replacing carpet and flooring, I would take him to small claims court, and hopefully you took pictures before you left