Post # 1
Fiance and I just moved to our new house and we are talking to the landlord of the house we just moved from about our security deposit. He wasn’t the best landlord, we would call because things needed fixing and he’d come over and do it himself and say it was done but it wasn’t. We mentioned a few things that were just ignored, he’s a nice guy though so what were going through is really confusing me. We scheduled a walk through and at the last minute he flaked and said he couldn’t make it, then we stopped by the last day of our lease to make sure everyything was okay and we realized that he had been by on the day he flaked and had turned the AC on and left it blasting. We sent an email since he didn’t do the walk through of things that needed fixing (that weren’t done by us) and improvements we made like a new stone patio, new light fixtures and we made a ramp for the shed out back. We also asked when we could expect the deposit back. We didn’t hear back from him, we sent another email and no response again. Fiance finally called him from his work cell and he picked up and sounded surprised to hear it was Fiance. He told us he made a list of repairs that he had to do and all of our deductions and would email it to us Fiance and I are both waiting to see this list because we feel like he is going to try and screw us over. I made a list of all the things he could use against us and mark up and we can deal if he takes that amount or less, if he takes more we’re probably going to fight it. Can I use the improvements we made in our argument if it comes to it? I’m really hoping this won’t be an issue but I just want to be prepared.
Post # 3
@ShutterbugCait: My Fiance and I are leasing a house and I know our landlord is going to come up with BS reasons to keep our deposit. Like ya’all we have a list of things we improved: brand new stove, back yard has grass and flowers, and a new fence. FRom your description it seems like your landlord is going to try and keep all the deposit. To answer your question yes I would definitely get together pictures and bills showing how much money you have put into the house!
I hope you get your deposit back!
Post # 4
Not sure the the landlord / tenant laws where you live, But here in Florida – if the owner plans on taking anything from your deposit, he/she has 15 days from the end of your lease to put it in writing and get it to you. If they don’t do this, then they have no right to keep your deposit.
See if you can check what the laws are in your state – if it’s anything similar to this, then I wouldn’t say a word to him (out of sight – out of mind), let his time run out, then demand a full deposit refund.
Post # 5
State laws vary, but in Maryland we get our deposits back with interest. THEN deductions occur. Also, all leases have clauses for “normal wear and tear.” So, worn down carpets and smudges on the wall are normal wear and tear. Holes in the wall a dude punched? Notsomuch.
Reread your lease and then check VA law.
Post # 6
You’ll have to check your state law (as everyone said above!), but from my understanding any improvements you make of your own accord (and there’s no clause in your lease about) are on your dime and cannot be used to ‘make up for’ any charges. That being said, there’s normal wear and tear that cannot be charged for – if it would happen just from living there, it shouldn’t be a ‘damage.’
Also, there’s a certain period of time which the landlord has to send that list of damages and costs. If it’s outside the time, they HAVE to send you the ENTIRE deposit back. In Indiana, I believe it’s 45 days from the day after you turn your keys in and provide a forwarding address.
We’re kind of dealing with the same thing. Our old rental was kind of crappy and we did a lot to it – we were model tenants. We’re waiting for a security deposit back because I KNOW there’s nothing wrong with that place. I want to ask old landlord about it…..but kind of want to wait until after the 45 days so she can’t take our money if she’s planning on it…..lol
Post # 7
There is normal wear and tear in your lease which actually protects you from having to pay a bunch of repairs. For instance, spot removal on carpets, slight discoloration on walls, etc. Make sure that his ‘repairs’ aren’t actually upgrades that he’s pinning on YOU (if he replaces the carpets, this could be for a lawful 4 year upgrade or it could be from damage). As for the upgrades you already did – did you keep reciepts? Do you have a paper trail of him approving the work done? I know some states, the LL has 30 days to get an itemized invoice to you. If he hasn’t done it by the book you can turn him in but I don’t know what kind of recourse it gives you against erroneous damage charges.
Did you take pics when he refused to do a walk through??