Small claims suits...? Security deposit...

DMickey28

<font color=blue>DIS Veteran<br>Comes from a very
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I have a question. IL state statute states that the landlord has to provide a written itemized statement of deductions or projected deductions within 30 days of a resident leaving the dwelling. The landlord also has to return the security deposit within 45 days with interest. If the landlord fails to do this the tenant is entitled to twice the amount of the security deposit.

Our previous landlord is a flighty older women who has confused herself on many occasions. Dh and I don't think she is all there. She withheld over half our security deposit and failed to do both those things above. we recieved the security deposit over 60 days later, with the check being dated past the 45 days too. Now some of the deposit withholding we agreed with...our lease stated that we were responsible for lawn care, but they hired a guy to do the lawn but never told us, just presented us with a bill for $500 at the end of the summer. Yes, we should have asked that guy who was doing the lawn who he was... but we didn't so we agreed to pay that out of the security deposit. however she also withheld the amount of our last water bill, telling us that she had paid it before the bill was even forwarded to our new address. That was fine, she included a post-it note on the check she sent saying she withheld that water bill amount. well now she is calling our new house, saying that she got a reminder for a late water bill... that last one for the same amount... she never paid it. I am livid. I understand that the water bill is/was our responsibility, not a problem. but when she said that she paid it b/c she was setting up the bill for the new tenants....We are fed up with her bs. DH is going to call her tomorrow but if she refuses to pay that bill that she deducted the amount from our deposit, i am thinking about filing a small claims suit against her for the failure to comply with the state statutes i mentioned above. There have been many other situations with this women, so this is coming from a history of bs... she also deducted money for cleaning that was needed in the basement b/c their sewer line was blocked by a tree root and old pacifers..(we don't have kids).... and it backed up into the basement! we cleaned up the basement to the best of our ability but there were still 'stains' around the drain. the a/c also died twice in the middle of the summer and one time the drain? plugged up and overflowed causing the ceiling in the hall to 'disinegrate' and we spent the last 5 mnths in the house with a hole in the hall ceiling.

Now I have a hard time thinking about this b/c it seems greedy and not 'nice'. but i am really fed up with her.....

any thoughts? has anyone had this situation?
 
It might be cheaper- to either draft a letter to her, including all photocopies of bills paid- not paid etc... the stuff she gave you etc. Than to go to small claims court- heck- if you know a lawyer- have them draft the letter. Sometimes just the name on top of the paper is enough to get her feet back on the ground and not be so flightly?

I'm sorry your going through this. Around here, the laws are VERY specific on what can and cant be taken out from a security deposit, and the deposit must be returned within 10 days of vacating the proprety. One thing that happened here was- a landlord was keeping security deposits for last months rent- didnt work out very well for him...illegal in the state of Vermont.

I have a binder here with every correspondence i've ever had with my landlord or his maintenance guys- after I speak to them I draft him a letter and send it to him, just basically saying what we spoke about. That way- nothing will come back on me, like the basement issues in your house. If you have any documentation photocopy it and include it in a letter to her. Heck- send it certified- and....send her a copy of the landlord/tenant laws for your state...

Double check if there are any specific laws to the area you live, I know in Burlington- they have a seperate landlord/tenant laws specific to their city because of price gouging due to UVM...

Brandy
 














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