Getting back a security deposit...UPDATED post #27

[MaryAnnDVC]

I know, at least in California, they must provide you with reciepts for anything that is paid for by the deposit.

I'm not in California, but that's a good point and noted! Thanks.

 

[tvguy]

After 4 years I definitely think you should receive a full refund. Good luck to you.

I'm sure state laws vary. I just dealt with this with my son who lives in Stockton.....in California at least, length of tenancy is not a factor in whether you get a deposit back. I was shocked that landlords are not expected to repair normal wear and tear, or even clean the carpets at their own expense. Most tenants just have it taken out of their deposit.
Checked with a friend who is a property manager in Shasta County, manages 450 rental units, a tenant who lived in an apartment for 22 years had to pay a carpet cleaning fee. I would think after 22 years a landlord would be replacing carpet in a rental unit, not cleaning it.

 

[MaryAnnDVC]

I'm sorry for your loss.

In my state, we must document and send, in writing, anything withheld from the security deposit. You are NOT allowed to charge for normal wear and tear, so four years in the same apartment would constitute some serious wear and tear.

This may be different for an assisted living facility.

However, the tenant is required, per law, to leave a forwarding address, in writing with the landlord. Mine did not, but I didn't want to lose (as a landlord) on a technicality, so I sent the security deposit and form and all receipts certified mail to the house they rented from me and it was forwarded. I kept the proof that I mailed it.

In my state, it is triple damages to a tenant if the landlord doesn't follow the 30 days. That means tenant automatically gets security deposit x3 back. Case closed.

Of course, you are dealing with different situations... no "notice", were things in writing ? I've heard that many judges are pro-tenant, so it may be worth it to go to small claims court.

good luck.

Thank you.

And honestly, I can't even imagine serious wear and tear. She was not in good condition for 4 years...couldn't get around well at all so didn't do a whole lot of even walking around, didn't do any cooking in her room, didn't have beverages in her room besides water (3 meals in the community dining room), didn't even have a whole lot of family around here to be coming and going.

I was the one with POA, her health care proxy, and the one responsible for paying her bills...they have every conceivable way to contact me (like the address where they sent the bill every month).

I still haven't looked for the contract...must be down in the basement file cabinet, and I keep getting sidetracked. But I really do appreciate all this information. Also, as I said in my first post, my girls have their own apartments, and you never know when I may have to advise them. So, thanks again to everyone.

 

[Buckalew11]

Tomorrow I will email my friend Shirley who is an administrator for an assisted living as ask a few questions.
But, if there was any damage to her carpet, Joan did it.

 

[MaryAnnDVC]

Tomorrow I will email my friend Shirley who is an administrator for an assisted living as ask a few questions.
But, if there was any damage to her carpet, Joan did it.

 

[bicker]

The basic principle is that, unless state law or the lease agreement say otherwise, the landlord can apply a security deposit toward any cleaning and repairs done to prepare for the next tenant. Tenants should be taking good care of the apartment, and only normal wear-and-tear should be evident; nothing that would need to be cleaned or repaired, except perhaps for things that would be repaired by the landlord even if tenant was not leaving. Often, state laws have certain specific exclusions, such as a requirement for painting between tenants, which thereby precludes applying that cost against the security deposit. The laws may be different in your area, and/or there may be special laws applicable to your situation, and/or the lease may have other provisions that give you more rights.

 

[MaryAnnDVC]

I never again heard from the Assisted Living facility after I posted this. The last I had heard, the billing clerk was supposed to call me back at the end of November and didn't. I called again (a couple of times) and she didn't return my calls. I called again and talked to the receptionist, who put me through to the controller's voicemail. When I never received a return call (I gave everyone DAYS to get back to me before I'd try again), I called again and the receptionist transferred me to one of the owner's voicemail, where I left a message just about pleading for someone to just call me back...that I didn't understand why no one would just call me back. Every contact I had had with them had been pleasant, from the day I moved my mother there 4+ years prior, until the last time I spoke with someone about the security deposit. And then NOTHING.

If they felt they had a reason to withhold some or all of the security deposit, then call me back and let me know what was going on. But it was like they dropped off the ends of the earth.

At the end of December, I ran it by the lawyer handling my mother's estate. He sent them a letter, detailing my attempts to speak with them, interpreting the contract with regard to the security deposit, and telling them to please return the security deposit. And then...nothing, for 3 weeks. So, he sent a "reminder" letter. DH and I were just starting to do some research on small claims court, and....

drum roll please...

I got the check today for the full amount, with no deduction for "carpet damage".

Of course, I have to pay the lawyer for his work, but I would have been willing to pay him the whole security deposit rather than let that place get away with not returning it. I do wish I knew what the heck was going on with them. Maybe they thought I'd just give up and go away? They were wrong.

 

[Tuffcookie]

OP, I'm glad you finally got your deposit back. I would be tempted to write a letter to the attorney general in your state and let them know what this facility did to you. Who knows how many others they've done this to.

TC