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4 Bumps

Not getting full security deposit back

Have you ever had a landlord jip you out of your full security deposit? Mine is trying to claim I did damage to the crap hole of an apartment I just left. It's not a large amount that he's claiming it cost to repair things I didn't even damage (the carpet). It's just the fact that he's frickin lying about it. I scrubbed that place like crazy before I left it. He's being such a DB I can't even believe it! I'm livid right now and plan to take him to small claims court.

Has anyone else gone through anything similar?

Answer Question

Asked by Anonymous at 10:34 PM on Jul. 2, 2011 in Home & Garden

Answers (14)
  • I hope you have before and after pics of the place.. Meaning pics before you moved in and the condition of the place after you left.. it will greatly help your case.

    Good luck to you !!

    Answer by midnightmoma at 10:37 PM on Jul. 2, 2011

  • Did you do a walkthrough when you moved in? Any damage that was there before should have been noted on the report. For future reference, you always want to do this and make notes of even minor problems. Even if it seems you are nitpicking. And make a copy of it fo yourself. How long did you live there? Normal wear and tear is to be expected and if the carpet was at the end of it's life cycle that could help your case as well. Read over your lease for any info you can use.

    Answer by HollyBoBolly at 10:45 PM on Jul. 2, 2011

  • Yes, the only time we ever rented we had to fight tooth and nail to get back our deposit and then they still kept $150 claiming it was cleaning fees and because we didn't paint (we left it JUST like we found it - living room holes patched but not painted). We could have taken them to court because we had the photos, but to us it just wasn't worth it. We learned our lesson though, we won't be renting again and we have spread the word about that rental company.

    Answer by scout_mom at 10:48 PM on Jul. 2, 2011

  • i have to agree with everyone else it would be much better for you of you have pics and documentation of the place before and after. it would really help your claim

    Answer by amberpaiz at 10:49 PM on Jul. 2, 2011

  • Actually yes.... $850.00 worth of it and there wasn't a damn thing I could do about it. We lived there for 3 years and was the first person to live in the duplex after it was built. Even though I documented all the flaws in the unit, I guess it made no difference in the end. The landlord claimed it was my responsibility to pain the unit and clean the carpets when I moved out.... I never had to do that before and it was not stated that way in the contract, but rather than cause a big deal over it... I simply walked away. Every other place I have rented I have received at least 75% of the deposit back.

    After going through real estate school this past year, I now know the landlord that didn't give the deposit back is a Pain the azz for everyone always....

    Answer by m-avi at 10:59 PM on Jul. 2, 2011

  • It is happened twice with us! About the same thing the carpet! One place as going to be torn down and the carpet was clean and the landlord was just being greedy. He kept half of our deposit! The second place the roof caved in from the rain and the landlord still kept 30.00 bucks for cleaning the carpet!!

    Answer by momavanessa at 11:06 PM on Jul. 2, 2011

  • Your rent payments cover for Maintenance and Repair of the basic utilities, walls, appliances, etc in the apartment. At least that is what your lease should say. Some clauses are very specific as to say that the "apartment will be repainted every two year". The landlord is responsible for these expenses.
    Take whatever amount the landlord is giving you and cash it ASAP. Once the money is in your account then file a claim for the amount he didn't return to you. Don't forget to ask for the earned Interest of your deposit too.

    Answer by Cafemomoftwo217 at 11:19 PM on Jul. 2, 2011

  • unfortunately I didn't get before and after pix. I did get pix of when we had mold/mildew issues. there were 2 instances of this, the second one I reported to code.

    I did cash in the pathetic check I just received today thinking the same thing that after I balled my LL out, he might stop payment on it. I will be filing with small claims court after the holiday monday. the amount that I feel they still owe me is $150 as well for a carpet that was pretty shabby when we moved in. it's so ridiculous these idiots think it's ok to replace a carpet they should be responsible for replacing on my dime. CHEAP @#$&%*S!

    The lease is pretty specific, but nothing in regards to what they consider "wear and tear". I guess it would be up for a judge to decide. come next week I'll get the claim started. Let the chips fall where they may.

    Comment by Anonymous (original poster) at 1:34 AM on Jul. 3, 2011

  • We lived in an apartment for a year and a half. We took great care of it and did a deep cleaning. We steam cleaned the carpets with our own machine and everything. We didn't get our deposit back and they said it was because they had to clean the carpets. We told them we did it and they said we have to have it professionally done and have a receipt. If we had of known that we wouldn't have bothered with it and would have been out of the apartment a couple days earlier and saved on electricity. We were SO mad! I definitely feel your pain.

    Answer by davidnjonsmommy at 1:44 AM on Jul. 3, 2011

  • I haven't had this happen, but I always took before/after pix so that I had evidence. And if the carpets were bad and soiled (even from wear and tear), I borrowed a shampooer and cleaned it myself.

    Answer by SherriPie at 2:40 PM on Jul. 3, 2011

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