Security Deposit Mess -- advice?

[Mickey'snewestfan]

I recently moved out of a house I rented for a year. The landlord of the house is giving me a hard time regarding the security deposit. I gave him $300 plus a month's rent. The $300 was for my dog and I agreed that $150 would be nonrefundable.

Here are some of the issues.

1) There were a couple of days when I paid slightly less 1/2 the rent 1 day late. He wanted the rent as a bank transfer, which was fine, but our bank (we use the same one) has a daily maximum transfer amount that was slightly more than 1/2 the rent. So, I'd transfer the maximum one day and the rest the next. A couple times I forgot, went to sleep on the day it was due and transfered it first thing the next a.m.. It was never later than that. So now, months later he decides he wants me to make it up?

2) When I moved out we did an inspection and I showed him some screens my dog had scratched and stated that I took full responsibility. During our inspection he agreed that nothing else was my responsibility, but now he's saying that there's a tiny spot on a window blind and the whole thing will need to be replaced (I have no idea if that was there before I moved in or not, the thing is tiny) and that the ceiling fan is missing a blade and needs to be fixed -- that was true when I moved in, and he agreed to that during th inspection.

3) I moved out the day before trash day and left some trash in the backyard, I hoped the trash people would pick it up, but they were inconsistent and didn't, the landlord told me he wanted it gone, so I paid a guy I knew in the neighborhood to haul it to the dump. Now the landlord is claiming he paid to have it hauled.

4) There was a basement apartment, and we agreed that because of it he'd pay me 1/4 of the electric and 1/2 the water. I took it out of the rent each month. Now, he's saying that because the apartment was vacant he shouldn't have to pay me for the final bill. I guess I can see the water, but the air conditioning still ran down there even though noone was there. He's also saying I used too much airconditioning. He's also now saying he only agreed to 1/4 of the water -- and stupid me can't find the actual lease to prove him wrong.

I should add that when I moved in the place was filthy -- I found dead mice, mouse traps, and mouse poison (I have a dog and a child). I specifically chose this place because it had a yard, and then couldn't use the yard for the first 2 weeks because the grass was so high I had no way to check for more poison. He promised to do the first cut but it took him that long. When I moved out he texted me several times to let me know that it needed to be clean. It was spotless! Plus the lawn was mowed, the dog poop picked up (of course) etc . . .

How can I fight these things. I want my security deposit back!

 

[Topper]

First step is to find your copy of the lease.

 

[Sparx]

That really does sound like a mess. You need to look at your lease and see if/how it was broken. One mistake was to not get a receipt for that guy to pick up the trash. Its hard to argue with a receipt.

 

[bicker]

1) There were a couple of days when I paid slightly less 1/2 the rent 1 day late. ... So now, months later he decides he wants me to make it up?

If you have any written statement whatsoever from him that those two payments were accepted late without penalty, then you should be able to use those statements to object to his claim that you owe him late fees for those two payments.

2) .... During our inspection he agreed that nothing else was my responsibility, but now he's saying that there's a tiny spot on a window blind and the whole thing will need to be replaced ...

If you have a written statement from him from the inspection, and this item isn't on it, then you should be able to use it to refute his claim that you owe him for that additional damage.

3) Now the landlord is claiming he paid to have it hauled.

Is he willing to provide documentation of his expense? If not, then you probably could win in small-claims court with regard to this portion of his claims.

4) There was a basement apartment, and we agreed that because of it he'd pay me 1/4 of the electric and 1/2 the water. I took it out of the rent each month. Now, he's saying that because the apartment was vacant he shouldn't have to pay me for the final bill.

As PP mentioned, check your written lease. If it clearly says that he owes you 1/4 of the electric and 1/2 the water, and doesn't say anything about "while the apartment is occupied", then you should be in good shape with regard to this issue.

and stupid me can't find the actual lease to prove him wrong.

Without the lease in-hand, you're going to have a very hard time.

I should add that when I moved in the place was filthy

Water under the bridge. Those things have no bearing on any of the issues you've raised. The time to have raised those as issues was before you paid your second month's rent, and of course, in writing.

 

[Imzadi]

I'm not clear on how much you think you should be getting back? Is it $150? You said he keeps $150.

Frankly, he just sounds like a typical scummy landlord. I've learned from being screwed over a few times, that when I move out, to NOT pay the last month's rent and then they have to use the security deposit for that last month. What are they going to do? Have me evicted?

Sounds like HE needs to cough up receipts, the same as you do. Plus, you need to find the lease. Otherwise, chalk it up to lesson on scummy landlord learned.

Next time: Take pictures when you move IN.

Take pictures when you move OUT.

He can't charge you "normal wear & tear" on fixtures & furnishings, like the carpet. (You might be able use this to get out of paying for the blinds.)

Get a receipt from the guy you had tow the garbage. There is your proof for that.

Next time, get agreements in writing when you move in & out.


Make him take you to small claims court if he wants more money than the security deposit. He will have to submit proof and receipts AND the LEASE.

You might have to take him to small claims court if he keeps a whole months rent. Even if you don't have the lease anymore, he would have to produce it, to prove what he gets to keep.

I really hope you didn't give him the address to your new place.

 

[RachaelA]

I'm not clear on how much you think you should be getting back? Is it $150? You said he keeps $150.

Frankly, he just sounds like a typical scummy landlord. I've learned that when I move out, to NOT pay the last month's rent and then they have to use the security deposit for that last month. I've been screwed over a few times, too. What are they going to do? Have me evicted?

Sounds like HE needs to cough up receipts, the same as you do. Plus, you need to find the lease. Otherwise, chalk it up to lesson on scummy landlord learned.

Next time: Take pictures when you move IN.

Take pictures when you move OUT.

He can't charge you "normal wear & tear" on fixtures & furnishings, like the carpet. (You might be able use this to get out of paying for the blinds.)

Get a receipt from the guy you had tow the garbage. There is your proof for that.

Next time, get agreements in writing when you move in & out.


Make him take you to small claims court if he wants more money than the security deposit. He will have to submit proof and receipts AND the LEASE.

I really hope you didn't give him the address to your new place.

No they could take you to court over anything that is owed above what the security deposit covers. This is what I deal with on a daily basis.

Honestly without the lease or written proof from him. Its his word against yours. He can show when the rent was deposited and it proves you were late.

I very rarely see cases about shared utilities, but usually that's actually a housing violation (at least in my state) because there are supposed to be separate units.

You'd probably win the trash issue if he doesn't have an invoice if you challenge it in court.

Do you think he would take you to small claims court?

 

[JerseyJanice]

For $150, I'd forget it.

We got hosed out of our security deposit from the last apartment we lived in, and it was over $1,000. (Long story about the worst landlord on Earth!)

Sometimes, you have to lose.

 

[Imzadi]

No they could take you to court over anything that is owed above what the security deposit covers. This is what I deal with on a daily basis.

I see what you are saying. I would rather have the landlord take me to court for what I legitimately owe, (assuming we couldn't come to a deal,) than have this mess where I am not rightfully given my money BACK. I've been through times like this, where they have trumped up extra fees, just to keep the money, expecting me not to fight them.

I have NEVER had extra fees and charges come up when they would to go after the money. Interesting how that works.

 

[bicker]

Next time: Take pictures when you move IN. Take pictures when you move OUT. ... Next time, get agreements in writing when you move in & out.

This stuff is critical. And the whole thing of getting receipts for everything, including rent paid, showing "paid in full". If you aren't doing/getting these things that's okay, but it is important to understand that by not doing/getting these things, you're essentially opening the door to some of the things folks don't like about situations like this. It does require a lot more extra work, to protect yourself, and quite frankly, I find a lot of this too much work for the protection and convenience they would offer me, but that's a decision each person needs to make for themselves. Expecting to get the benefits of having everything in writing, having pictures of move-in condition and move-out condition, and the rest, without actually doing/getting those things, is unreasonable.

He can't charge you "normal wear & tear" on fixtures & furnishings, like the carpet.

With a dog (as was the case here), it is not unusual for the damages to be assessed based on what would be normal wear and tear in the absence of the dog. Sometimes, as a condition of allowing a pet, the lease is explicit that the cost of cleaning, and even replacement, of carpet will be taken from the security deposit, regardless of condition. Of course, it has to be in writing, that way.

 

[Lisa loves Pooh]

You might also check the tenant laws for your state. Not sure if apartment rentals and house rentals are treated the same, but my understanding is that there is a time limit for the landlord to make their claims.

My story--I moved out of an apartment in college. On the walk through, things came up.

I waited patiently to hear and the asked my mom who at the time was
working with legal on base for her job. She looked up the law and we wrote a
letter to the complex reminding them of their duty to be diligent and timely by law. To my surprise, I got my whole deposit back. I wasn't expecting that. But the response was immediate when I reminded them of my rights as tenant. (this was in college, and lots of leases were up at the same time--I think they got overwhelmed.)

if you do not get satisfaction, you can take it to small
claims court if you do feel entitled to a return of partial moneys. I think if you win, they pay the court fees. It does take time out of your day, so you have to weigh the pros and cons of that decision.

Review your lease and check the laws.

 

[Sparx]

This stuff is critical. And the whole thing of getting receipts for everything, including rent paid, showing "paid in full". If you aren't doing/getting these things that's okay, but it is important to understand that by not doing/getting these things, you're essentially opening the door to some of the things folks don't like about situations like this. It does require a lot more extra work, to protect yourself, and quite frankly, I find a lot of this too much work for the protection and convenience they would offer me, but that's a decision each person needs to make for themselves. Expecting to get the benefits of having everything in writing, having pictures of move-in condition and move-out condition, and the rest, without actually doing/getting those things, is unreasonable.

With a dog (as was the case here), it is not unusual for the damages to be assessed based on what would be normal wear and tear in the absence of the dog. Sometimes, as a condition of allowing a pet, the lease is explicit that the cost of cleaning, and even replacement, of carpet will be taken from the security deposit, regardless of condition. Of course, it has to be in writing, that way.

Did the OP pay a pet deposit? Shouldn't that cover the dog-related wear and tear?

 

[bicker]

Yup, $300 for the dog; $150 was non-refundable from the start, so apparently the other $150 based on demonstrable damages. Then the first month's rent for remaining fees and non-dog-related damages, if applicable.

 

[MushyMushy]

For $150, I'd forget it.

We got hosed out of our security deposit from the last apartment we lived in, and it was over $1,000. (Long story about the worst landlord on Earth!)

Sometimes, you have to lose.

That's what I say. All the hassle you'd have to go through to get that money back wouldn't be worth the time and aggravation.

I will say that we have only had 1 landlord in all our years of renting give us our security deposit back, no matter how clean and cared for the house was. It really made me lose faith in people's honesty. The last house we rented (there were 8 over the years), we just told the landlord to have it cleaned himself and keep the security deposit when he started grumbling about normal wear and tear. We had the feeling he was going to keep it anyway, and that saved us all the work of cleaning. After our previous experiences, we didn't feel the least bit bad about it.

 

[Abbie]

I recently moved out of a house I rented for a year. The landlord of the house is giving me a hard time regarding the security deposit. I gave him $300 plus a month's rent. The $300 was for my dog and I agreed that $150 would be nonrefundable.

How can I fight these things. I want my security deposit back!

Unless I'm reading it wrong, she is due the 150 plus a month's rent, which could be substantial and worth pursuing in court. I've never rented so am clueless about how it works but it seems to me your landlord is being unreasonable and it might be worth the fight. But as others have mentioned, it's important to find that lease! I would also insist on copies of photos documenting what he's saying is damaged.

 

[chloelovesdisney]

If it's worth it to you I'd go to court, it's the easiest thing when dealing with a landlord. He can only charge you a late fee for the late rent if it's in the lease and the judge may waive it since you paid the first half on time and the only reason the second half was late was because of the strange way the landlord insisted on being paid.

I don't think you'll be responsible for the blinds, those were probably cheap blinds that should be replaced between tenants anyway.

I'd just the judge sort through everything, I think it will come out on your side.

 

[RachaelA]

If it's worth it to you I'd go to court, it's the easiest thing when dealing with a landlord. He can only charge you a late fee for the late rent if it's in the lease and the judge may waive it since you paid the first half on time and the only reason the second half was late was because of the strange way the landlord insisted on being paid.

I don't think you'll be responsible for the blinds, those were probably cheap blinds that should be replaced between tenants anyway.

I'd just the judge sort through everything, I think it will come out on your side.

Probably not. It'll mostly likely hold up in court. Most leases state its late after the 5th when rent is due on the 1st meaning if that's how her lease was written she would have had ample time to pay by the 5th. And if you don't pay it all on time then its considered late even if you owe $5.

Now this is how it is in Ohio (my state) and could vary by state, but I'm sure it doesn't vary that much.

 

[chloelovesdisney]

Probably not. It'll mostly likely hold up in court. Most leases state its late after the 5th when rent is due on the 1st meaning if that's how her lease was written she would have had ample time to pay by the 5th. And if you don't pay it all on time then its considered late even if you owe $5.

Now this is how it is in Ohio (my state) and could vary by state, but I'm sure it doesn't vary that much.

So even if he gets to keep a couple of late fees, she's still owed more money than it seems he is willing to return.

I think it's standard procedure for many landlords to try and keep the whole security deposit because most tenants give up and don't go to court to get back what they are owed.

 

[Scurvy]

He can only charge you a late fee for the late rent if it's in the lease and the judge may waive it since you paid the first half on time and the only reason the second half was late was because of the strange way the landlord insisted on being paid.

There was another option, though. The OP could have paid half of the rent one day earlier so she was able to pay the last half by the day it was due.

OP, I do hope you're able to get all this figured out. It does sound like your landlord is being unreasonable, but without a copy of your lease it sounds to me like you are out of luck. I hope you are able to find it. Good luck!

 

[chloelovesdisney]

There was another option, though. The OP could have paid half of the rent one day earlier so she was able to pay the last half by the day it was due.

OP, I do hope you're able to get all this figured out. It does sound like your landlord is being unreasonable, but without a copy of your lease it sounds to me like you are out of luck. I hope you are able to find it. Good luck!

Yes, she could but on the other hand why should she have to pay anything early. It's bizarre that he would insist on that type of payment and if he does he should realize that he will only get half at a time due to the bank restrictions. So either she is forced to pay half early or he gets half late. So if he got two half payments one day late, she paid 10 half payments one day early.

I wouldn't worry about the lease, the landlord will have to produce a copy in court anyway.

 

[RachaelA]

Yes, she could but on the other hand why should she have to pay anything early. It's bizarre that he would insist on that type of payment and if he does he should realize that he will only get half at a time due to the bank restrictions. So either she is forced to pay half early or he gets half late. So if he got two half payments one day late, she paid 10 half payments one day early.

I wouldn't worry about the lease, the landlord will have to produce a copy in court anyway.

She wouldn't have to pay early if its the situation I explained (which is how most leases are written). It would be due on the 1st but she would have until the 5th to pay without being charged a late fee. Meaning she could pay half on the 2nd and half the 3rd or half on the 2nd and half on the 4th. Rent is due the 1st. Most leases just give a small grace period before they charge a late fee.