Failure to return security deposit UPDATED 10/13

[allison443]

Unfortunately, there weren't even two line items, only one:

$780 - Cleaning and Repairs

No further information.

Another poster has since copy/pasted the entire statute which I had paraphrased in my initial post. The law is pretty clear, in my opinion, which is why I'm highly considering legal action.

.

Seeing the statute someone quoted does make it seem like they really didn't satisfy the law. And I see from your first post that the thirty days is up, right? I would just make sure there isn't some exception to the statute that the landlord would fall under. (like sometimes a two family house isn't held to the same standard as a multi-unit dwelling, etc.)
Otherwise it does appear that they didn't comply.

Edited to add, it looks like in NH if the landlord doesn't comply with the statute he has to pay twice the security deposit (less any damages). Not sure if that is the case-just read it online.
OP let us know what you decide to do~

 

[Darcy03231]

This is one of the stupidest law I have ever heard, It shouldn't have a time lenghth on it, It takes time to get people out and get estimates.

Whether you think its stupid or not, it is the law. Since the landlord didn't follow the law the OP is entitled to their security deposit back. If the landlord had legitimate damages that they wanted/needed to take out of the security deposit they should have followed the law and sent the OP a letter, within thirty days, itemizing the damage, i.e. Carpet replacement due to [whatever the damage was], $780 with a copy of the receipt.

 

[janey99]

In my experience, Small Claims Courts are equity courts, meaning they will determine an equitable solution between the parties. A judge may not be inclined to "interpret" a statute and find in favor of one party or the other based on a "technical" failure to follow the law, when he is not an expert. More likely he will talk to the parties, possibly determine that the itemization was deficient, and offer the landlord an opportunity to produce an adequate one, supported by evidence (pictures and receipts). If the landlord can produce this, the judge may find in the landlord's favor, and you will lose your deposit anyway, plus landlord's court fees and your own. In such a case, the landlord might get an admonishment that "next time" he needs to include a better itemization of damages, but not much more in terms of negative result for him.

Many Small Claims Courts, after the initial filing, instruct the parties to find a mutual solution outside of the courtroom, prior to appearance. If that is the case in your jurisdiction, the landlord will use that opprtunity to present you with a better itemization, and if you reject it, and go to court, the judge will examine the new itemization then and make a decision.

You may have specific different information for people's experiences in your jurisdiction, but this is generally what I have seen.

Good luck

Jane

 

[delmar411]

This is one of the stupidest law I have ever heard, It shouldn't have a time lenghth on it, It takes time to get people out and get estimates.

Sorry but really??? People should just keep coming up with security deposits for multiple places so landlords can take their sweet time with 'repairs'?

You clearly are neither a renter or a landlord.

OP, send the letter. Don't waste anymore time. They will either pay up or you can go to court and you'll get your money then.

I had to do the same thing here in IN. The landlord was just lazy about getting it out so he lost the entire deposit. I don't feel badly for him at all as he was a terrible landlord and treated us like crap the entire time we lived there. And the damages he wanted to claim (after I called and told him he was too late to claim anything) were either regular wear and tear or his own fault/damage.

I was in and out at small claims with my judgment order. The laws are clear, there are no special exception for those who think they are above them. LOL

 

[Cruise]

If an ENTIRE bedroom's carpet is damaged and had to be replaced that very well could have easily cost over seven hundred dollars. If the carpet just needed to be cleaned you probably would have been better off renting a $25 carpet cleaner and cleaning it yourself.

A lot of carpet damage cannot be just patched. Especially if the carpet is old or discolored, you have to replace the whole area or room.

Even if you so sue they are probably going to have pictures of the damage to prove you did owe them your deposit and if they are real A holes then they may even pursue you for the $6 they say you owe them.

Depending on state law, this is not the case either. Even if the entire room's carpet had to be replaced, the landlord is only entitled to a prorated amount according to the age of a carpet. Different states may set different "life" terms on items but, for example, in California, paint is considered to have a 3 year life term. Carpet is considered to have a 10 year life term. A landlord cannot keep a deposit for the full amount of replacing a carpet that's already 10 years old.... or any amount of age, for that matter. The landlord got X number of years of use out of the carpet and doesn't get to cash in and get brand new carpet completely paid for just because someone damaged it.

To the OP - if they do try to charge you for replacing carpet, tell them you want proof of the age of the carpet - that is, the last time it was replaced. If the carpet was already, say, 6 years old, you may be only liable for paying 40% (4 years life left of a 10 year carpet) of the entire cost of replacement. Again, depends on your state's law and what the Dept of Housing assigns to be the life term of the carpet.

Good luck

 

[MomToOne]

In my experience, Small Claims Courts are equity courts, meaning they will determine an equitable solution between the parties. A judge may not be inclined to "interpret" a statute and find in favor of one party or the other based on a "technical" failure to follow the law, when he is not an expert. More likely he will talk to the parties, possibly determine that the itemization was deficient, and offer the landlord an opportunity to produce an adequate one, supported by evidence (pictures and receipts). If the landlord can produce this, the judge may find in the landlord's favor, and you will lose your deposit anyway, plus landlord's court fees and your own. In such a case, the landlord might get an admonishment that "next time" he needs to include a better itemization of damages, but not much more in terms of negative result for him.

Many Small Claims Courts, after the initial filing, instruct the parties to find a mutual solution outside of the courtroom, prior to appearance. If that is the case in your jurisdiction, the landlord will use that opprtunity to present you with a better itemization, and if you reject it, and go to court, the judge will examine the new itemization then and make a decision.

You may have specific different information for people's experiences in your jurisdiction, but this is generally what I have seen.

Good luck

Jane

This

I would print out the statute, attach it a letter stating that you would like a fully itemized list of the damages per the statute, and that you expect to receive so within 10 days of receipt of the landlord's receipt of the letter. If they don't comply, then file in small claims.

Most judges I've dealt with will be MUCH more open to an argument of "I made every attempt to find out what was going on and reach an acceptable solution but the other party isn't cooperating and I had no other choice than to go to court". If you go in there with a argument of "They didn't follow the letter of the law so I took them straight to court, even though I might have actually damaged things", the judge is going to not be very happy with you.

You want to go in there showing a reasonable, cooperative attitude, not one of entitlement. You want to be able to show the judge how much more reasonable you have been than the landlord. Then the judge will be much more favorable towards you. If you just go in and show that you and the landlord are both being demanding and difficult, unwilling to find a mutually agreed upon solution, then who knows what he will decide.

 

[timmac]

Updating my original post as well

Through work, I have access to several nice benefits, one of which is free legal consultation (e.g. up to 30 minutes on the phone or in the office) for a variety of things. I got a referral, and spoke to someone on the phone for a few minuets today.

Basically, he confirmed my suspicion that the $6 owed is almost certainly just a scare tactic, to later use as an admission of guilt. Though he hasn't dealt with my particular rental company, the law is clear and this kind of issue is quite common. And, apparently the feeling among most people is that in NH, the law tends to be very favorably towards tenants.

So, long story short, I'm definitely filing a case. The gentleman I spoke with even told me that he'd be happy to have me visit his office to go over the details if I needed... at no charge.

 

[Scrap4me]

Oh how timely is this subject!
The 7th of this month marked 90 days since I moved out of my previous rental. I rented from a real estate agent and also currently rent from one. I tried for almost 45 days to get my $1200 deposit back or at least an accounting of it. My paper trail is all electronic e-mails. My last correspondence with the prior agent was his response on August 25 that I would have an accounting by the end of the month. Well, another 30 some days went by...still no answer at all.
When I dropped off this months rent to my current real estate agent, I asked his opinion on the matter--he said send them a letter stating that they failed to return my deposit or an accounting within 60 days required here in NC. He also said to give them at least 7 days to return my full deposit. If they failed to do so --take 'em to court! He has been in business for 25 years here. He said that after 60 days here in NC they have given up all rights to any of my deposit regardless of back rent, damages, etc!
I sent my letter, certified , return receipt with a date of expected response of the 14th. If I didn't receive my deposit back, I would be in court on the 17th filing the paperwork. Imagine my surprise to find a letter in the mailbox yesterday. But, alas, no check. A letter stating that they were enclosing an accounting of my deposit, but it was not enclosed! According to law here in NC, willful negligence forfeits their right to the deposit regardless of back rent, damages, etc... Needless to say, willful negligence was established when his e-mail on August 25th stated "by the end of the month"...

Hello!! I will be filing papers tomorrow..Let me know how it turns out for you and I will do the same....