Shady landlord keeps security deposit...?

Question

I have had problems with this guy from the start, but the only thing I want is my security deposit back. I paid $550 (the same amount as my monthly rent) and in the lease it states $200 will be kept for carpet cleaning. (Which is absurd, only 2 rooms were carpeted, the rest were tile. But whatever.) My last date there was 10/31/07. Today is 12/19/07. I have called twice and he has told me twice he would get it to me. I sent a certified letter on the 10th requesting contact from him within 3 days on why he is not going to give it to me, or a check within 10 days. He has until the 21st and then I'm taking him to small claims court. Any advice? I have my cancelled check, I video-taped the apartment the day I left with a current newspaper in every room, and I have witnesses that will testify about existing damage when I moved in and improvements I made while I was there. I also have a cop who is going to help me prepare my trial. Any advice is appreciated.

IL State Attorney General's site says: "IL Security Deposit Return Act requires your landlord to return your security deposit in full within 45 days of the date you moved, if: your building or complex consists of 5 or more units, you do not owe any back rent, you have not damaged the rental unit, you cleaned the apartment before you moved."

Does this mean I am not entitled to it if I lived in a duplex, but qualify for each of the other stipulations?

Answer 1

check nolo.com for great do-it-yourself renter law books - often in bog box bookstores and local libraries.

you didn't say the state, but here in CA landlord has 21 days from moveout to return the money or provide a detailed accounting of the repairs, else is subject to 3x penalty IIRC, even if repairs were done.

you will probably win in court, might want to raise the enforceability of the carpet clause as long as you are there, nothing to lose at that point, everything to gain, especially if you get a 3x judgment (as I did once in Maryland!)

Answer 2

Sounds like you are off to a good start for court.
1. Make sure you complete and file all paperwork (particularly the summons that goes to the landlord) completely and properly.
2. Stick to the facts. The judge does not care why you need the money, he only cares if you are entitled to the money.
3. Look up the state law about the time frame a landlord has to return the deposit and what happens if it is not returned or accounted for in the proper time. In some states you would get it back regardless of the condition of the unit if the landlord fails to send the notice within the time limit.
4. Become one with your lease. Know the provisions that affect the deposit.
5. I would not tell the judge you fell $200 for carpet cleaning is unreasonable. The time to bring up that as an issue was at move in, not move out.
6. If you are going to show the tape as evidence, make sure the courtroom will have a VCR to show the tape or make arrangements to bring one.

Answer 3

Its very tough to get security "deposit" money back. They call it a deposit, but it is more like a move-in fee.

Your former landlord will come up with all sorts of reasons why you don't deserve the remaining sum and I doubt you will be very successful in small claims court.

I've had a previous apt. manager take my entire deposit stating that I ruined the carpet (which I screwed it up pretty badly, admittedly) however when I visited the same apartment about a year later (a friend had moved in it), the same carpet was still in place and had been very poorly cleaned.

I really didn't have any legal recourse at that point.

My advice, look at the deposit as a move-in fee for now on, and don't spend a second trying to clean the place on your way out.

Answer 4

Don't know what state you live in, but you DO have rights.
You seem to be doing the right things but a call to you state's Atty.Generals Office (depending on where you live) can sometimes be very helpful. DOITYOURSELF.COM has a section on security deposit disputes.
Make sure to keep a written copy of all communications.
Small claims can keep some of the slimy landlords at bay.GOOD LUCK

Answer 5

Well, the deposit is lower than customary. Normally, they want the 1st & last month's rent, plus security deposit, which is often one month's rent.

If you think he has done this with others, or does it frequently, you might want to contact your state's Attorney General with the complaint.

Otherwise, small claims is probably your answer.

** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **

Answer 6

Sounds like you really have your act together. Good luck!