Security Deposit Deposit Dispute - Bogus Charge

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bcurtis208

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So here's what has happened.

I was a tenant at a unit for 12 /mo's at which time I remained in communication with the property management extensively whenever a situation arose. This includes when I added my 3 week old Shih Tzu puppy and added someone onto the lease mid-year. I've never been late on any payments and have had no complaints from the management company or my neighbors.

I ended up giving my notice to vacate in a proper manner and requested my deposit be refunded. I was expecting the normal cleaning costs we both agreed upon. However, what I received was far from that. The only additional cost would have been for my puppy scratching one of the bedroom doors which would need to be repaired and I take full responsibility for.

Move Out Statement
Item in Dispute: "Pet, Unauthorized - Kitten observed in unit (Lease: 4.8) $500.00 Charge

I've never had any other animal on the property other than my dog. Note, the date they created the charge was when they performed a move out inspection. No where in the things they sent me did it state what was observed or by whom. I've always heard companies try and do these types of things and create bogus charges but I've never experienced it until now. I've always had great relationships with my property management companies.

On the first page it says "Any disputes must be submitted in writing", "Any balance shown on the last page of your statement is due upon receipt", and "Any un-paid amounts are promptly turned over to collections".

I immediately sent them an e-mail and drafted up a written notice I'm going to be sending once I get a chance to print it out. My concern is that they will come back saying it must have been a cat who damaged the door or something crazy.

I've also sent a request for consultation to a lawyer who's helped me out previously to see what his thoughts are on the matter. If I take this to Small Claims Court do I have a chance? They will have no photos of such "kitten" as there never was one and if their claim is that It's because of the scratches on the door It's because I had a dog which I paid a deposit for.
 
Yes you have a good argument to make. First it seems they will have no evidence of a kitten, and second they will have difficulty justifying the actual damages.
The help of an attorney could avoid court, but then of course you will have to pay the attorney.
 
A guess: The fact that they have knowledge of a pet on the lease is another item you might want to highlight. Perhaps someone thought your dog was a kitten? Shih Tzu dogs are gorgeous but might look very feline to someone who has no clue.

If note: This is exactly what mightymoose hit on - justifying the actual damages. The game where landlords make up charges is an incredibly difficult one to play. I'd wait until I heard back from the landlord and you may want to let the landlord know (in the event of a problem) that you will contact the housing authority (find out the name of the agency that regulates housing in your area) and that you will sue them for additional damages since they have no good faith reason for this charge. Much of this is about trying to let the landlord know that you will be far more trouble than its worth to keep the $500 from you.
 
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