Home rent deposit recovery questions

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The OP hasn't even indicated if he's been in communication with the landlord about this. If it's been ~30 days, that's not unreasonable if it's not been given back. After a month though, there should be some information between the two, if not the $$.
 
Originally Posted by Miller88
I always look at security deposits as free money for the landlord. Never once expected to get one back.


That's very unfortunate. Most landlord-tenant laws are heavily in favor of the tenant.

A friend of mine and a female friend of hers signed a lease that included a BUNCH of extra stuff, the dumbest being that she had to find her own replacement , female tenant before her lease could terminate at the end of the term. He also seceded the legal security deposit by adding in appliance use deposits and cleaning supply stipulation that he would be in charge of.

When she took him to small claims court the judge or whomever tore him a new one. She said it was pretty devastating (for him).

The other tenant girl just gave up the money, like an idiot!
 
Originally Posted by gathermewool
That's very unfortunate. Most landlord-tenant laws are heavily in favor of the tenant.

I think what he might have been suggesting is a landlord could do things like claim "the carpet was ruined and had to be replaced" or other vague things like that. Some landlords are (can't be a potty mouth !) not nice people and make a former tenant fight for their deposit back when they're really entitled to it (or some of it).
 
Originally Posted by Cujet

Anyway, the place sold and the landlord has not returned my $1600 rent deposit and my $800 pet deposit.

I left it in far better condition than when I moved in and PERFECTLY CLEAN. (Maybe a little OCD..... )
Because of this, and the fact that I was not there most of the time, he was able to show it, and rapidly sell it.
Yet my deposit remains un returned.
Yes, I took many pics and videos prior to moving in, and upon move out, for proof.
Thoughts?


Send a legal letter of intent on a law firm letterhead.

You are actually legally entitle to three times ($2,400 x 3X = $7,200) fiscal damages if he wants to fight in any way.
 
Originally Posted by SeaJay
... It is all in the rental contract wording. Read carefully, the wording is usually not all that confusing. Good luck!


Not necessarily. Residential leases in my state invariably contain language regarding security deposits that are completely unenforceable, as my state has specific legislation regulating residential security deposits. These legislative requirements cannot be contracted away.

OP's written lease, if he has one, regardless of the language, may or may not be dispositive of the question. Only a lawyer licensed in the appropriate state can give an answer that can be relied upon.
 
Thanks all!

One member here was good enough to provide a PM with everything I need to get started on recovering my deposit.

Yes, I rented this properly, through a real estate agent, and have a proper lease.
Yes, I took plenty of pics prior to move in, and at move out.

It was a log home, with no carpets or other things to damage. Wood floors, and I put down runners to protect them.

Forgot to mention that the landlord is going through tough financial times. Divorce and the separation of assets. Hence the sale of the place to pay off the loan and equity loan. (Learned this from the agent)
 
Originally Posted by hallstevenson
Originally Posted by gathermewool
That's very unfortunate. Most landlord-tenant laws are heavily in favor of the tenant.

I think what he might have been suggesting is a landlord could do things like claim "the carpet was ruined and had to be replaced" or other vague things like that. Some landlords are (can't be a potty mouth !) not nice people and make a former tenant fight for their deposit back when they're really entitled to it (or some of it).


A coworker of mine had a similar issue. She was an OCD neat-freak, like the OP. She even showed pictures in court of how she left it in better shape than before.

The landlord tried to keep all of her deposit, but, like my previous story, the landlord new jack squat about the law and, unfortunately for him, she kept very good records.

The landlord then said that she broke a vacuum, dirty carpets, damage window screen, and left nail holes from hanging pictures in her room. As it turns out, the vacuum was the OTHER tenant's, not the landlords, the carpets were many years old and can't be taken out of the security deposit (normal wear and tear), the screen was damaged prior to her moving in and she had evidence of requests for him to fix it and other things, the holes were fixed by her in 5 minutes.

She got her full deposit back and this doofus also got his butt handed to him.

//

To be fair, I had to help the first girl, but the second is ex-Navy and didn't take any crap from the landlord whatsoever. She did everything right and immediately to get her money back.
 
The last time I rented, I think my rent was $275/mo.
lol.gif


Security deposits were never more than one month's rent.

I don't recall ever having to because I left the places as good as when I moved in, but I'd time my departure such that I ain't payin' the last month. Take me to court landlord.
 
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