Security Deposit Question - Any legal experts?

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OK, I recently moved out of a rental house and the landlord kept portions of the security deposit which I think were not legal to withold for. Here's what the receipt said:

Repair - Bathroom Tub Re-caulk, Kitchen Floor Tile Dislodged...............................................................................$100.78
Lawn Care - Reseeding grass, weed and brush removal, Regrading wash-out from removed downspout......................$170.96


More Details:
Re-caulking: I don't know how he can charge to re-caulk a tub if there is no damage to the tub. There was a water deflector thing he put in to keep water going over the side, but that got loose over time.

Kitchen Tile: The kitchen floor tile would pop up if I stepped on it right. It was loose when I moved in. Over time this wore away the grout. Rolling my portable dishwasher over the floor didn't help I'm sure. But my feeling is, am I not supposed to walk on the floors? That's why I don't believe this would be above normal wear. He told me I should have told him about it...seemed minor to me.

Weed Removal: This is to remove Thistle in the grass. I don't see why thistle growing is my problem?

Brush Removal: The brush removal I have no clue what that is. The yard was left cleaned up. I think he put this in to trim the hedge/brush grown into the fence in the back.

Downspout: The downspout would get knocked off from cats going under the deck. This did result in washout and the claim to reseed. It isn't that big of an area, but again, don't see this as my problem. If he was concerned about this he should have fastened the downspout with a screw. As a result he claims he has water leaking in the basement and had to fix the tile. Again, bad tile is not my problem.

Questions:
1. I don't see how any of this is above normal wear and tear. I think I would have a good chance of winning at small claims court. Thoughts?

2. Can I recoup the filing fee if I would decide to file and win?
 
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They all sound like legit charges to me. Do you have any proof of your claims?

In regards to the downspout, that should most certainly be your responsibility.
 
I don't practice in your state, but I would commence a small claims action to recover your funds. In my opinion the landlord acted unreasonably. Call the court clerk or run an internet search to learn about your local procedures and fees.
 
I agree with you on the kitchen and bathroom for sure, not experience about lawn and garden to know. You should have told him about it early on so he is obligated to repair it, but unless it is a neglect that causes extensive damage (i.e. a tenent blocked a vent and caused mold in the unit), it is not for security deposit.

Those deposit are for abuse or damage caused by abuse or accidents. Like a tenant put a hot pot on a laminate counter top or floor, smashed windows, spills on carpet, etc.
 
I don't want to go through filing a small claim if i don't have a reasonable chance of winning. These are all such nit-picky things that seem very unreasonable. Notice there is nothing on there where I actually broke something.

Another tid bit - he gave me notice to move out to sell the house. So, now he is probably looking at things very closely as he will need to "polish" the place up to sell it.

The more frustrating part is I left the place cleaner than when I moved in. I also added gravel to the driveway to fill in an area, added blinds to 3 windows, and fixed an outlet and light switch. I know none of this would matter in the claim....just irritates me.
 
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Fight it if the $ is worth your time. Wear and tear isn't covered by a security deposit. No such thing as lifetime caulking, so that should be won easily.


I've begun to extensively photo and video the condition of a rental before I move my stuff in to prevent any issues from coming up when I move out. Digital files make it so easy now.
 
Run the guy's name through the local county court house docket and see if he's been sued a bunch of times for different matters. Then you'll know who you're dealing with. Most area's have the court records online. Then just plug his name in. Also check the municipal court docket.
 
Depends on your state, but in general:

Does your lease require you to do lawncare, maintain the lawn or house? If not, you're good here.

Did you do a move-in form for the condition of the house? If not, then there is no way the landlord can prove condition.

That said, all these items are normal wear and tear; every state I've lived in they could not legally charge you for this.

I would do some legal research under "tenant rights" for your state, there is often a good bit of information online. Often there must be something very clear for a landlord to withhold the security deposit.


Originally Posted By: surfstar
Fight it if the $ is worth your time. Wear and tear isn't covered by a security deposit. No such thing as lifetime caulking, so that should be won easily.



Shouldn't even cost anything to fight this. I'd send a letter to the ll with the legal statutes quoted, requesting the deposits back (in a certain time frame based on state law) and let him know you intend to pursue it.
 
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Hope you took lots of photos when you moved in and when you moved out. I always do that, and it makes contesting charges a piece of cake.
 
He cant charge you for wear and tear. Only deliberate damage. Usually you write him a demand letter first before you file smalls claims court. Demanding your money back. Caulking is weak...the grass stuff...unless it said so in your contract which i am sure it did not...then you are entitled to your money back on that as well. If he wanted the lawn maintained then he should have hired a gardening service.
 
Originally Posted By: 190E26FTW
He cant charge you for wear and tear. Only deliberate damage. Usually you write him a demand letter first before you file smalls claims court. Demanding your money back. Caulking is weak...the grass stuff...unless it said so in your contract which i am sure it did not...then you are entitled to your money back on that as well. If he wanted the lawn maintained then he should have hired a gardening service.



This is very good advice.

I have a feeling if you send a certified return requested snail mail to him informing him that if he does not return your deposit you will be seeing him in small claims court.


Most landlords don't want that blemish on their record.


Although in the future when things wear you should make sure to inform the landlord in writing or by e mail and keep records as well. Also never hurts to take pics upon moving in and moving out as well. If you have your ducks in a row even most scummy landlords will not bother trying to rip you off.
 
I deal with this stuff often (being vague here).

I think he'd win. It's his claims and he probably really did all of those things. This is why you should always, always, always, do a walk through with the landlord on move out. The way he described them would be plenty to get those repairs above the "normal" line.

Renting is a pretty slimy business a lot of times.
 
Originally Posted By: madibob

Questions:
1. I don't see how any of this is above normal wear and tear. I think I would have a good chance of winning at small claims court. Thoughts?

2. Can I recoup the filing fee if I would decide to file and win?


You are going to sue for less than $300? What does it say in your lease agreement?
 
IMO this all comes back to what your obligations were on your rental agreement. Rental to me means you do nothing, and all maintenance and repair is on the landlord. Of course yours is a home, not an apartment with shared exterior. That said, you have a responsibility to the landlord, IMO to alert them to things that aren't right so they can be fixed before causing damage.

I'd say that re-caulk is maintenance and you're not on the hook. Sounds like you caused damage to the tile, so that's sound. If you removed a downspout (unauthorized mods) and it affected the lawn, I'd say you're on the hook for it.
 
You can do some damage to his sales if you are not happy, like put a lien on his title, file small claim, send letter to attorney general, notify the real estate agent that is selling the house about this, etc etc. He should know that a few hundred dollars that he didn't deserve to grab would end up a big waste of his time and money.

This happen to me once when I move out of my college time apartment. The landlord refuse to repair a leak related mold damage (from up stair's leaking tub), and I took photo and put it all over the neighborhood. The manager call me the next day and send people to fix it within the week.

The same landlord then charge every unit's tenant a $110 "cleaning" fee when we move out at the end of the school year. One neighbor was [censored], and throw a couch into the swimming pool (imagine how heavy it is to pull a fabric couch out of a pool) from the lounge.

Remind him that it is not a lot of money and they are not your responsibilities as a tenant. He might not be an experienced landlord, so show him politely how things should be handled instead of getting into a shouting match.
 
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