What's to stop a landlord from taking our deposit?
I just moved out of a private duplex and the landlord was RIDICULOUS about how she thought the apartment looked. She said it was in horrible condition, pointing out the small nail holes, and the few little spots splattered on the inside of a cabinet. I think she's doing all of this to keep my 1,200.00 deposit. If she sends me a notification to use all or most of my deposit for stupid ludicrise charges, what's to stop here? I mean, small claims courts seems like SUCH a big thing...
Answers:
Do you have any pictures of the place before you moved in? If you do, you can prove that it was not you that caused all of the damage.
I had a similar situation when I was in college. You might be able to go to the City Hall, and gather some information about the landlord to see if she has a history of this.
Before I moved out I bought a small tub of spackel and filled all the holes and cleaned the apartment.
I received 100% of my security deposit.
Unfortunately it's her word against yours regarding damages when you move out. If you didn't do a walk through and sign for the damages that were there before you, she could say you did that, too. She can charge for nail holes, cleaning, trash removal, etc. Basically you have to establish those things before you move into a place, i.e., what the landlord will expect/charge for when you move out. Even if she didn't explain it, there's probably something to that effect in your lease, rules, etc. Buyer beware.
I think small claims court is a big thing but you may have no choice. It may even be too much money for small claims court. You should have taken a few pictures of the place before you left because she may be a shyster with the money. 1200 dollars is quite a bit for her to cough up which means she probably won't because she's a scammer. I've had to screen more landlords when I use to rent than they would renters because so many wanted to take your money but let you live in a dump. Good luck
You should check your state laws on renter's rights. Usually by law, the landlord is supposed to provide an itemized bill, then deduct your deposit from it. For example, carpet cleaning: $..., repair nail hole : $. Also, she can only use your deposit to repair, but not renovate. You should get in touch with your local housing authorities. They will give you free advice.
The simple way is small claims court.
However, there is the long way an open law suit for a million dollars. You should be able to show you did'n do what she said you did.
Good luck, I had a bad deposit situation as well. I paid me deposit and get a receipt. After I lived there for 4 years the owner sold the place. The new owner was a true slum lord and never maintained anything. It motivated me to buy my own place, and prior to moving out I ask my Landlord how to get my deposit back; he told me that was an issue between the old owner and me. That he had nothing to do with it. Needless to say, knowing that he was keeping my $500, I made sure he had an equal amount of cleaning to do. I moved out on a Saturday of a three day weekend. Lets just say there where some presents left in the fridge and freezer for the old slum lord. Oh Yea it was August, in Fl, and I had the power cut off that day.
Many states have Landlord Tenant laws that dictate the relationship between landlords and tenants.
These REQUIRE a "check in" sheet and a "check out" sheet that are basically inspection sheets for the apartment before and after your rental period.
The thing is that unless the landlord has a "check in" sheet completed and signed by you -- and a "check out" sheet (completed by you) she cannot charge you a penny against your security deposit. Even then she has to give you a fair opportunity to object. If she does and you bring her into court .. you can win damages..
Check out your state laws!
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