Failure to return security deposit UPDATED 10/13

[timmac]

Opinions wanted, anyone feel free to offer thoughts. Considering suing my former landlord, after receiving nothing back from my security deposit. 29 days after moving out, they sent a letter stating the amount of my deposit (769), interest (a few dollars), and "$780 for cleaning and repairs" (no further detail on that). $6 owed, please send a check.

NH law dictates that within 30 days I must receive my deposit back and/or an itemized list of expenses that were deducted, including particular details of what was done to remedy the issues, and supporting evidence. (Paraphrased the exact wording here, but those main points are accurate) Remedy for failure to comply is twice the amount of the deposit.

Now, the way I'm looking at it, the nature of the letter I did receive, and the lack of any details, is by itself sufficient. Res ipsa loquitur. So, even _if_ we take the $780 charge at face value, I'm still owed over $700.

Of course, that the single listed deduction is a perfectly round number that just happens to cover the entire amount they would otherwise owe me is curious. Of course, were this to go to court, the voracity of any claims they may have would be called into question anyway. Anyhow, coupled with the handful of complaints I've found about this rental company (including
a case over failure to return deposit that ultimately made it to the state supreme court), and the fact that they own many many rental properties, reeks of an intentional attempt to keep the money. No doubt they are well aware of the law. In fact, I wouldn't be surprised if they have already determined that the number of cases where they end up paying double is small enough that it's only good business to continue this practice. It's also my understanding of NH laws that intentional and willful violations of applicable statues (which my gut suggests this is) carry a penalty of treble damages... though I don't think I'd pursue that avenue, as I know I'd have a much harder case to demonstrate.

I'm also thinking that the "you owe $6, else we'll file with the credit bureaus" part of it is mostly a scare tactic to get me to pay the nominal amount, in the hopes that it could later be used against me as an acceptance of the fees as listed. I have no plans to pay it. Again, though it's strong suspicion on my part, it would be monumentally hard for me to prove.

Anyway, I'd love to hear anyone else's thoughts. Am I reasonable to think this is worth pursuing?

UPDATE:


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.

 

[mom2val]

?

 

[timmac]

Did you leave the place as clean as you got it? Were there repairs that would have needed to be made?

Excellent questions... as for cleanliness, we couldn't have done much more to make it any cleaner. Wasn't a terribly large place, and spent most of a day doing nothing but cleaning after we had moved out. There was one repair issue (damaged carpet) that I wouldn't argue was needed, but certainly wouldn't amount to the suggested cost. Not knowing itemized deductions, it's impossible for me to give a good evaluation, either way. Had I gotten, for instance, half of my deposit back, I'd likely have been a bit annoyed, but would have left it at that.

What has me a bit fired up goes beyond that, though; it feels as though my deposit was systematically kept unfairly.

 

[marlynnp]

I would not go to court - yet.

Did you have a move-out inspection done with someone from the rental co? ALWAYS get this done!

I would draft a polite but point in fact letter stating that you have received their notice. That you left the apartment in broom swept condition and there were no damages - only normal wear and tear. Therefore, as required by state law, please provide and itemized list of the repairs and associated costs. If there was a mix-up with the paperwork and there were no repairs, as I believe the case to be, please send my check to Me at 123 Street, Anytown.

If you are not satisfied with their reply then you may want to pursue it in small claims.

 

[mrsklamc]

As I understand it it's irrelevant whether the repairs were needed since a list wasn't provided, yes, I think you should sue. Or inform them of your intent to sue.

 

[marlynnp]

I was typing while you were replying that there was damage. What kind of carpet damage are you talking about? What size area did the carpet cover? They may have had to replace the entire area.

 

[timmac]

As I understand it it's irrelevant whether the repairs were needed since a list wasn't provided, yes, I think you should sue. Or inform them of your intent to sue.

This is kind of the point I was getting at. As the law is written, I think I have a nearly water tight case on that part of it.

Yes, they can still potentially reduce the award by the amount of any actual damages they can prove, but the nature of how it was handled certainly calls into question the validity of anything they claim as damage.

 

[timmac]

I was typing while you were replying that there was damage. What kind of carpet damage are you talking about? What size area did the carpet cover? They may have had to replace the entire area.

The area in question was a single 9x10 room; the carpeting was not attached to any other carpeting.

 

[NVDisMom]

So much depends upon the specific wording of the law and case law that has followed. But honestly, I would begin by sending the rental agency a letter, certified return receipt requested, explaining that you are disputing their assessment and require further documentation and until such is received you will not be paying anything and that any further attempt to collect will be met with all available legal action that may be at your disposal. Then it puts the ball in their court. I would think a paper trail showing that you attempted to settle this before turning to the courts would be in your favor. Unless, of coarse, the amount they kept is legitimate and you are hoping to get out of paying by using the absolute letter of the law. Don't get me wrong, I'm not saying this is the case OP, but people have been known to do this. I would also send a copy of that letter to the housing authority that has jurisdiction, and note on the bottom of the original that you have done so. You will probably get a check within days for your full deposit within days. Personally, I believe any remedy outside of court is the best.

 

[timmac]

Unless, of coarse, the amount they kept is legitimate and you are hoping to get out of paying by using the absolute letter of the law. Don't get me wrong, I'm not saying this is the case OP, but people have been known to do this.

I appreciate the point you're making; I wouldn't have objected if something were taken out for what was actually damaged, but in this case, the amount claimed is way out of line with reality. Should I get to a point where legal action is how I have to resolve it, then I am perfectly content to use the absolute letter of the law.

Personally, I believe any remedy outside of court is the best.

In theory, I'd agree with this. That said, I was also burned once in the past for thinking this... and from what I've come to learn of this company, I'm not overly hopeful

 

[leight]

Have you determined how much it is to file at small claims court? I wanted to do the same thing when an old apartment kept 80% of my deposit for repairs I knew weren't needed, but half would go to the court in fees so it wasn't worth it.

 

[timmac]

Have you determined how much it is to file at small claims court? I wanted to do the same thing when an old apartment kept 80% of my deposit for repairs I knew weren't needed, but half would go to the court in fees so it wasn't worth it.

$72 to file, and if there is a judgment in my favor, that gets included in it. So, a low enough cost that I'm happy to make the gamble if I decide to go that route.

 

[leight]

Then I'd say do it! Mine was about $350 and out of 800 deposit not worth it to me. I wrote a letter, including the state law, and advised them that I had videotaped-with time/date stamp the quality of the apartment prior to leaving- they refused to do a walk thru with us. I got about $500 back and they showed a receipt for some cleaning that should not have been charged to me but I was happy enough and let the rest go.

 

[happygirl]

I wouldn't sue until you found out what damage they are talking about. What if you owe the money, renters never thing they make any damages that are that bad

 

[smokeyblue]

I would send a certified letter ASAP. State that you have received their letter. Then state the applicable law, something like: "Persuant to NH rental laws tenants must be provided with a itemized list of damages and invoices/receipts/estimates for their remedy within 30 days of termination of lease. Since no such list was provided within the period of time set forth by the laws of this state the entire sum of my depist shall be returned in full by 10/15/2011. The check can be sent to 123 Main St. If full remedy is not recieved by this date further legal action will be taken."

I would also make a copy of the law and highlight the applicable language.

 

[seashoreCM]

In some states the landlord can be liable to the tenant for more than the amount of the security deposit (3 times the security deposit is a common amount) if the landlord does not follow certain procedures in timely fashion, such as itemizing damages and cleaning and promptly sending back the portion of security deposit that was not applied to the damages and cleaning.

 

[joliesmom]

I had a rental place for 6 months while my house was being remodeled and I just went through the exact same thing in NJ. Landlord did a walkthrough with me and we pointed out a few things (broken blinds from my cat and a broken piece of plexiglass from moving in). Within 30 days I got my certified letter saying that I owed an additional $490 on top of my $1800 security deposit. Needless to say I took them to small claims court. The landlord tried to claim burn holes in the carpet and need to repaint due to "smoke damage". No one has ever smoked in my home. There is what is considered "normal" wear and tear and they have to provide proof of repair that was done. The judge would not accept receipts from them as their only proof. I sued for my $1800 plus attorney fees and court fees and I won $1865. My personal opinion is landlords try this all of the time because most people won't pursue it. We were wonderful tenants and we paid our entire 6 months rent up front. I was SHOCKED that they would try to rip us off. Go to small claims court, in NJ you are entitled to double the amount of any security deposit that the judge feels they should not have witheld. Oh and they have to depreciate the cost of the carpets.

 

[usnuzuloose]

Excellent questions... as for cleanliness, we couldn't have done much more to make it any cleaner. Wasn't a terribly large place, and spent most of a day doing nothing but cleaning after we had moved out. There was one repair issue (damaged carpet) that I wouldn't argue was needed, but certainly wouldn't amount to the suggested cost. Not knowing itemized deductions, it's impossible for me to give a good evaluation, either way. Had I gotten, for instance, half of my deposit back, I'd likely have been a bit annoyed, but would have left it at that.

What has me a bit fired up goes beyond that, though; it feels as though my deposit was systematically kept unfairly.

I have a question on the carpet, you say it is not attached to anything. So what type of damage was it. As having a carpet cleaning company it is cheaper to get someone to come and clean and repair. Always get reciepts. I always take pictures when I am moving out. It is to cover myself. I would look up on the internet about deposits from landlords in your area as all places can be different.

 

[C*Beans]

I didn't have a chance to read through the replies, but had a former landlord try to take my security deposit in the past. We scrubbed our way out of the place (DEEP clean) and there was zero damage so I was floored when they made up some reason to keep my money.

Luckily I was a student at UF at the time and had access to free legal services through the university. All it took was one letter from a lawyer and the check was in my hand faster than you'd believe! I think some landlords bank on the fact that some people will just turn over and not put up a fight. If there is no legit reason for them to keep your deposit, I would try to get a lawyer to draft a letter for you or send them a certified letter yourself. Good luck to you!

 

[Darcy03231]

I would send a certified letter ASAP. State that you have received their letter. Then state the applicable law, something like: "Persuant to NH rental laws tenants must be provided with a itemized list of damages and invoices/receipts/estimates for their remedy within 30 days of termination of lease. Since no such list was provided within the period of time set forth by the laws of this state the entire sum of my depist shall be returned in full by 10/15/2011. The check can be sent to 123 Main St. If full remedy is not recieved by this date further legal action will be taken."

I would also make a copy of the law and highlight the applicable language.

This is what I would do. I work in a law office in NH and this happens more frequently than people realize. Usually a letter pointing out the law will result in a check being mailed. If you don't have the check by the specificied date, then file in small claims court. Make sure you sent the letter both certified and regular mail and put that at the top of the letter. Some people don't sign for, accept or pick up certified letters.