Deposit withheld. Do I have a case?

Status
Not open for further replies.

machelon

New Member
I lived in an apartment in St Louis, MO, and my landlord did not give me an itemized list of the deposit that he withheld until two months later. Our contract says it should have been done within 10 days, and Missouri law says it should be within 30 days. I got a letter from the landlord 2 months later after numerous calls trying to get them to explain to me why the whole deposit was withheld. Their letter 2 months later still seems bogus to me.
The only damages are a small burned spot (pea-size) on the kitchen counter and some wall paint scratches on the hall that leads to the apt door. I understand one or two hundred dollars of penalty/damages but $850? Seems excessive.

Here are more details: After I left, the landlord first told me that part of the deposit may be withheld because of the burned spot on the kitchen counter. I waited the whole 1st month for him to let me know the exact charges for damages. At the end of the month he simply called me and said the WHOLE deposit would be withheld. I asked him to explain to me what were the itemized charges. He did not know. He said, last year he had to paint the whole apartment and they paid $500 and also he would use my deposit as a future FUND for a new kitchen counter.
I told him I disagreed and to please send me more detail, or have another person (mediator) look at the damages. I came up with the idea of calling the apartment complex maintenance guy look at the damages and give us a fair estimate of the penalties. Couple of weeks later the maintenance person says he thought $400 would be a good penalty/damage to be paid. The landlord did not say anything, two weeks passed and after I told them to send me something in writing they did. Again they said the $400 was not enough, they went and got quotes form Home Depot to change the entire kitchen counter. Or course that's a lot of money.

Here is my main question: I waited two months for their response. I disagree with the response, but do I have a case based solely on the fact that they took 2 months to send me some general estimates of painting the WHOLE apartment and fixing the ENTIRE kitchen counter? Them taking two months for this, does that break the contract?
 
Get an affidavit from the maintenance professional stating that damages should not have exceeded $400. Take your former landlord to small claims court and state on your claim that you didn't receive a security deposit breakdown letter response from him on a timely manner (as required by your state landlord/tenant laws) and also note on your claim that you don't agree with the charges listed as deductions by your landlord. Your former landlord will have to prove to the courts why he is charging you for those items in such an excessive manner.
 
looking at the estimates, well replacing the whole kitchen counter does cost about $900. Not sure if thats fair for two burned spots. But anyways, DO I HAVE a CASE solely on the fact that it took so long for them to get back to me?.
 
It would not be unusual that damage to a kitchen counter would require the entire replacement of that section of counter, depending on the type of material used.

You can still consider a lawsuit based on the fact that this information was received so far past the state deadline. It is likely the court might overlook information that was sent out a few days past the deadline; one month late might be considered a different story.

Gail
 
Status
Not open for further replies.
Back
Top