Failure to return security deposit UPDATED 10/13

[Disneyliscious]

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.

Why would you be annoyed? You have already admitted to damages that could easily equal half or more of your deposit.

I don't know the laws in your state, but here in TN the place must be left EXACTLY as it was when you moved in (I have experience in rental of over 20 years now, writing contracts, and court cases due to family rentals).

Did you hang any photos? When you left, did you fill the nail holes in with putty, sand it down, then re-paint the walls? The next tenants moving in would not want to see nail holes in the walls where your photos hung.

Were all light bulbs working that were working when you moved in? Yep. Many people leave rooms with no bulbs in them and there is a cost in replacing them.

Were any mini blinds dirty or broken?

Did you physically pull the stove and refrigerator out and sweep/mop underneath them? There is a terrible amount of dust and dirt that gets trapped under those and it leaves your germs for the next people moving in.

Did you clean and dis-infect the inside of the stove and refrigerator? This is one of the biggest problems I see. People take their food out of a refrigerator and think its clean lol.

Did you wipe out all cabinets, even those you can't see the bottom of because they are too high?

Did you leave any trash behind?

Were there any spots on the wall? Dirt? Smoke? Crayons? Etc?

We're all doors in good shape and hanging properly? were ceiling fans cleaned? Light switches cleaned? Door handles have any dirt around them from use?

The list goes on and on.

You have already admitted damage to a 9x10 area of carpet. The landlord has the option to "depreciate" the carpet and charge you a percentage of replacement value (thus when several tenants pay replacement value the cost to replace has been taken care of) or he can charge you the full cost of replacing the carpet if it needs to be replaced. You have failed to say what kind of damages they were. Even a small hole or stain can warrant the need for full replacement if its in the right area (the landlord is obligated to replace it if there is a hole in the walking area, or risk being sued if the hole catches someones foot and trips them causing an injury).
Your 9x10 room will need 10.5 square yards of carpet to replace (10 square yards and 5% waste which allows for meeting the walls on rooms not 100% perfectly level in line, this is customary). On an *average* of $20 per square yard (carpet, padding, tacking strips, clean up, install) you are looking at $210 minimum. Possibly more since most rentals use high traffic carpet which costs more.

Carpet cleaning. There were other rooms in the apartment which had carpet and needed cleaning. A safe guess is $150 for a company to come out and clean and Scotch Guard the remaining carpets.

Now, you said it was clean and they said they needed to clean it. A rental clean could easily run $150.

We are now up to $510 of a $769 deposit. Thats a $259 difference and given the difference in cost of living in TN compared to NJ, I wouldn't find it hard to believe that your entire deposit was used for those 3 things alone (not counting if any of the other things I mentioned had to be taken care of).

I'm not taking sides, just giving you a view point from the Landlord side. While there are many crooked landlords, there are just as many crooked renters (not saying you are, Im just pointing out there ARE bad people on each side).

I think you should definitely write and ask for a detailed list of costs and go from there. Being that you have already admitted carpet damage, its going to be hard to get the case in your favor because honestly, $780 is chump change on repairing a unit after someone leaves. Many times it costs us thousands.

In this country you have every right to take your side to court, and if your case is strong, you may win. However, I can guarantee you that you won't get all of your deposit back and likely wouldn't get any based on what you have said here. If you don't have photos to prove your case, its "he said/she said" and with already admitted damages, the judge will likely rule in the favor of the landlord.

In 23 years of renting and probably 100-150 court cases (many just on non-payment of rent alone which doesn't apply here), I can tell you that we have never, ever lost one court case - because we had photos and the tenants didn't.

Honestly, I would chalk this up as a lesson learned and move on, but I would still get my itemized list just to settle my curiosity.

 

[angierae]

I think what people are missing here is that it doesn't MATTER if the carpet was damaged. According to the law as written, the ex-landlord was required to provide an itemized list of damages within 30 days, and they didn't.

They're landlords, they should know the applicable laws in their state/county/whatever.

I would send the letter someone referenced above, sending a copy of the law and saying where they can send your check. Send it certified mail with a return reciept so that you can prove they received it.

 

[DCLbrideSept2009]

Pretty much same thing happened to me. I lived one year in a house with a super psycho PITA landlord. At day 29 or 30 after moving out, I get a letter from him listing some so-called charges that conveniently added up to the EXACT amount of my deposit ($1200). I told him he cannot just "make up" charges, that they have to be REAL charges with PROOF/RECEIPTS. Threatened small claims court. I did finally get about $300 back, I think. And a detailed list of the charges. So definitely threaten small claims court and see if that works. Tell them you do need an ITEMIZED/DETAILED list of charges. And if threatening a lawsuit doesn't work, then follow through on it.

 

[mrsklamc]

I think what people are missing here is that it doesn't MATTER if the carpet was damaged. According to the law as written, the ex-landlord was required to provide an itemized list of damages within 30 days, and they didn't.

They're landlords, they should know the applicable laws in their state/county/whatever.

Exactly.

 

[Bren's Mom]

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.

I think what people are missing here is that it doesn't MATTER if the carpet was damaged. According to the law as written, the ex-landlord was required to provide an itemized list of damages within 30 days, and they didn't.

They're landlords, they should know the applicable laws in their state/county/whatever.

I would send the letter someone referenced above, sending a copy of the law and saying where they can send your check. Send it certified mail with a return reciept so that you can prove they received it.

Exactly.

I would send a letter as stated above. Certified mail, return receipt requested. Do not ask for an itemized list now, simply inform them that pursuant to NH Law (and reference the law specifically) tenants must be provided with an itemized list of any damages within 30 days of termination. Since no such list...(use the working from pp above).

Give them a time deadline, a reasonable one.

If no check is received, then file a small claims suit...absolutely.

And I do agree that this is very likely a regular tactic of the property management co. Send everyone a $6 'demand' letter with no info in it, and likely most people will pay the extra $6 out of fear and that's the end of it. Most people don't bother to know the law. I can all but guarantee this prop mgmnt co DOES.

 

[rszdtrvl]

Many years ago, DH and I took our old landlord to court because they would not return our security deposit.

We had no move-in inspection, but they tried to say that the apartment was damaged.

We argued and argued with them about it before we took them to court.

The apartment owner/manager didn't even show up to the court date - he sent his housekeeper instead.

Needless to say, we won.

He did not want to pay up though, even after the court decided in our favor.

We ended up sending him a certified letter stating that unless he pays the amount the judge decided in our favor that we would file with collections on him for the amount.

We got a check within 5 days of sending that letter.

 

[bettymae1121]

In IL landlords cannot withhold deposits for normal wear and tear on an apartment. If the carpets are a normal amount of dirty for the length of time the tennant was there, they can't deduct carpet cleaning expenses, for example. I'd imagine many states are the same, so I'd look into exactly what NH law says about cleaning and very minor repairs vs. withholding a deposit.

 

[Disneyliscious]

We don't know that

Cleaning: $xxxx
Repairs: $xxxx

is not considered "detailed", do we? Has anyone confirmed the depth the details must be in, according to NJ law? While I would still want to know more detail personally myself as well, it doesn't mean the Management Company has broken any laws just because they weren't as detailed as we'd like them to be.

That may very well be a big factor and should be looked into before any conclusions are made.

Even IF they were not up to par in the "details" they provided, it still doesn't give you the right to leave damages behind (carpet). At the very least the damages and any cleaning (if needed) should be deducted from the amount you got. It is no more your right to make a management company pay for your damages then it is for them to not provide you with the necessary itemizations regarding the deposit (assuming they didn't).

Also, since you knew the carpet was damaged, why didn't you do a walk through or contact the Management company yourself to see what those damages would cost you?

 

[rockundergirl]

I thought i would throw my opinion in , I rent out a single family home.

Some things to remember about cleaning is what you can't see. Namely smells. I have this problem almost every time i change tenants. Im not saying you "smell" btw lol. What Im saying is differently lifestyles cause different odors. They are strong and require deep carpet cleaning and new paint to get make them go away. You wont smell it at all because its "your smell" . By the way its not always a bad smell, the problem is the new tenants coming in / people looking at the place to rent it next will notice it and demand something be done about it.

I do security deposits different then most landlords its my own system and I think it works better. First I take only 80% of one months rent so that it can't be used as lasts months rent. I also have it written into my lease that for every month that passes a % of your security deposit becomes available to you if you decide to break your lease, but not the whole thing... pretty much at the 6 month mark they are able to get back 50% of the deposit should they break the lease early. This protects me from tons of costs from quick turn overs. When you decide what to charge in rent, you should be taking into account what it will cost you to clean/paint when you change tenants, unfortunately in order to stay competitive with large companies many landlords don't charge enough per month to cover costs.

IMO, I think the 6 dollars requested is a mind game to make you feel like you are in some sort of trouble. If this goes to court it will cost you money and time and you may not be successful . I would write them a letter like this
" I disagree with the damage you are claiming I did to the property, in order to save time and money taking this to court, I am willing to forfeit half of my security deposit to end this matter quickly. Please send me a check of xx.xx by xx/xx to avoid legal actions. "
something like that.. but thats just my opinion

 

[angierae]

Even IF they were not up to par in the "details" they provided, it still doesn't give you the right to leave damages behind (carpet). At the very least the damages and any cleaning (if needed) should be deducted from the amount you got. It is no more your right to make a management company pay for your damages then it is for them to not provide you with the necessary itemizations regarding the deposit (assuming they didn't).

Also, since you knew the carpet was damaged, why didn't you do a walk through or contact the Management company yourself to see what those damages would cost you?

I disagree. The management company did not follow the law in regards to collecting the money owed, thus, according the law, it is no longer owed.

If they had done what they were required to do, then sure, I wouldn't question at all the keeping of the money. But they didn't.

I've lived in apartments almost my entire life up until 5 years ago, and I have never had a management company refund a DIME of a deposit without me putting up a fuss. This is a very common tactic, and when the law is on the side of the renter, I have no problem with using the law, AS WRITTEN, to get money back. If the apartment complex was that concerned about the damage to the carpet, they'd have followed the law to keep the deposit.

 

[Bren's Mom]

I thought i would throw my opinion in , I rent out a single family home.

Some things to remember about cleaning is what you can't see. Namely smells. I have this problem almost every time i change tenants. Im not saying you "smell" btw lol. What Im saying is differently lifestyles cause different odors. They are strong and require deep carpet cleaning and new paint to get make them go away. You wont smell it at all because its "your smell" . By the way its not always a bad smell, the problem is the new tenants coming in / people looking at the place to rent it next will notice it and demand something be done about it.

That's all fine, but it is not pertinent to this thread. Because if cleaning were needed, then all the landlord had to do was document the need, then send the tenant the documentation that is REQUIRED BY LAW. Namely, that it be itemized, that it be sent within 30 days, etc. That is assuming, of course, that routine cleaning and paint between tenants isn't required by law, which it is in some states, and is NOT part of the security deposit.

The landlord did not follow the law in this case, and the op has every right, and SHOULD make the landlord follow the law.

 

[Darcy03231]

Here's the NH law with regard to the return of security deposits:

540-A:7 Return of Security Deposit.
–
I. Except as provided in RSA 540-A:6, IV(c), a landlord shall return a security deposit to a tenant and pay the interest due, if any, within 30 days from the termination of the tenancy. If there are any damages to the premises, excluding reasonable wear and tear, the landlord may deduct the costs of repair from the security deposit. The landlord shall provide the tenant with a written, itemized list of any damages for which the landlord claims the tenant is liable, which shall indicate with particularity the nature of any repair necessary to correct any damage and satisfactory evidence that repair necessary to correct these damages has been or will be completed. Satisfactory evidence may include, but not be limited to, receipts for purchased repair materials and labor estimates, bills or invoices indicating the actual or estimated cost thereof.

II. If the tenant is required under the lease agreement to pay all or part of any increase in real estate taxes levied against the property and becoming due and payable during the term of the lease, or if there is unpaid rent due, or if there are other lawful charges due under the lease which remain unpaid, the landlord may deduct such share of real estate taxes or unpaid rent or unpaid charges from the amount of the security deposit. The landlord shall provide the tenant with a written, itemized list of any claim for unpaid rent or share of real estate taxes or unpaid charges for which the landlord claims the tenant is liable, which shall indicate with particularity the period for which the claim is being made.

Source. 1985, 100:6. 1988, 167:2. 2006, 296:2, eff. July 1, 2006.

Since the landlord didn't do what they were required to do under the law, the OP should get her security deposit back. If they wanted to keep all or a portion of it, they should have made sure they complied with the law.

 

[happygirl]

Here's the NH law with regard to the return of security deposits:

540-A:7 Return of Security Deposit.
–
I. Except as provided in RSA 540-A:6, IV(c), a landlord shall return a security deposit to a tenant and pay the interest due, if any, within 30 days from the termination of the tenancy. If there are any damages to the premises, excluding reasonable wear and tear, the landlord may deduct the costs of repair from the security deposit. The landlord shall provide the tenant with a written, itemized list of any damages for which the landlord claims the tenant is liable, which shall indicate with particularity the nature of any repair necessary to correct any damage and satisfactory evidence that repair necessary to correct these damages has been or will be completed. Satisfactory evidence may include, but not be limited to, receipts for purchased repair materials and labor estimates, bills or invoices indicating the actual or estimated cost thereof.

II. If the tenant is required under the lease agreement to pay all or part of any increase in real estate taxes levied against the property and becoming due and payable during the term of the lease, or if there is unpaid rent due, or if there are other lawful charges due under the lease which remain unpaid, the landlord may deduct such share of real estate taxes or unpaid rent or unpaid charges from the amount of the security deposit. The landlord shall provide the tenant with a written, itemized list of any claim for unpaid rent or share of real estate taxes or unpaid charges for which the landlord claims the tenant is liable, which shall indicate with particularity the period for which the claim is being made.

Source. 1985, 100:6. 1988, 167:2. 2006, 296:2, eff. July 1, 2006.

Since the landlord didn't do what they were required to do under the law, the OP should get her security deposit back. If they wanted to keep all or a portion of it, they should have made sure they complied with the law.

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.

 

[mrsklamc]

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.

It doesn't take 30 days! Especially not in this economy....besides, landlords know when people are moving out and can schedule in advance if they think 30 days is a problem.

 

[Pea-n-Me]

In MA it is 3X damages.

I've had a landlord try to pull this, too - just out of college. He was an attorney himself.

I sent him a copy of the law in the form of a newspaper article written by a MA attorney and told him I'd be pursuing my rights to the fullest extent of the law.

Problem solved.

Good luck.

 

[timmac]

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.

If there were no time limit, then as a renter, I think you'd feel differently after a few months without your money being returned.

 

[timmac]

We don't know that

Cleaning: $xxxx
Repairs: $xxxx

is not considered "detailed", do we? Has anyone confirmed the depth the details must be in, according to NJ law? While I would still want to know more detail personally myself as well, it doesn't mean the Management Company has broken any laws just because they weren't as detailed as we'd like them to be.

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.

Things like nail holes, a fresh coat of paint, even possibly a carpet cleaning, are all typically considered wear and tear. A landlord needs to factor in those things between tenants as part of their cost of doing business. Big difference between leaving an apartment "clean" vs "exactly what it looked like when you moved in".

 

[seashoreCM]

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.

The 30 day time starts after the people have moved out of the apartment.

You don't need three estimates.

An unsatisfied judgment against a landlord can become a lien on the property or any other property the landlord owns, and you can actually foreclose on the property. If it goest that far it can be a major expense for the landlord to get himself out of the problem.

 

[pandamom]

Had this happen 2x -- both times left apartments in better shape than when we moved in. Photographed everything moving in and out. First was in college in Florida at a large apartment complex. Called them and they refused to return deposit. Researched Fl law and they missed the deadline for notifying us they were keeping the deposit. We sent a letter with the info and received the deposit. Second one was in IL. We rented a house and received our deposit back after we moved out. Called to remind them that we also had a $500 pet deposit. They then decided that there were $500 in damages that they hadn't noticed before and they were keeping the money. They refused to return our phone calls or answer a letter from our lawyer. We took them to court and got all our money back. They had a lawyer and bunch of "witnesses" on their side. Bunch of inconsistencies in their stories and the "itemized" damages they came up with were still less than our deposit -- judge was very irate with them.

I'd definitely pursue this -- Good Luck!

 

[DisneyLoverUSA]

$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.

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.