Excessive Deductions from Security Deposit

[rippedofftenant]

My husband and I recently received the remainder of our $2000 security deposit ($736.09) with a letter itemizing deductions made to cover the costs of repairs, etc for which we were responsible. While we agree that some of the charges are valid, we take issue with several of the deductions which appear to be overinflated. Take for example the following:

• $418.00 for a contractor's bill for painting, replacing 2 blown light bulbs and a furnace filter - our landlord specifies in the letter that the painting in question was done in a small hallway bathroom in which over 50% of the walls are tile surround or exposed brick, I think this bill is overinflated given the amount of work actually required to be done.
• $180.98 for a service call to replace battery for the alarm - I was present for a final walk through at the property and never once did she say we would be held responsible for replacing batteries in the alarm nor is there anything in our lease that indicates our responsibility for doing so either. can he sue if not in the lease?
• $181.80 for a 20% admin fee for coordinating contracting and cleaning not resolved by the tenant - can he charge for this??

We believe our landlord inflated these charges (out of bitterness) in part to compensate for charges he paid to break a 5 year security service contract he signed and believes we are responsible for, yet cannot hold us liable for because we never agreed to pay nor did we sign the contract. Furthermore, the 3% per year interest earned on our security deposit was not paid as directed by law for any deposit of $50 or more. The landlord also never provided any bills or other documentation supporting proof of the charges listed in the letter.

Unfortunately, we didn't take any pictures at the final inspection to prove that the apartment was clean to an satisfactory standard. How strong of a case do we have to recoup more of our security deposit based on the above info?

 

[jharris352]

I would take him to court. His actions show a lack of good faith. You did a walk through, did he give you the walk through report? Look at how much you can recover if you got everything you want and weigh it against the cost of filing. He can't sue you, in returning part of your deposit he is admitting that he has no other damages.

 

[rippedofftenant]

At the final walkthrough, he made a list of the repairs/cleaning we would be responsible for (w/no estimate of costs) and said he would email the list to me the next day. I never got the email or heard anything more about the deductions until I received the letter in the mail today with the remainder of our security deposit.

I have a couple additional question: we were originally scheduled to do the final inspection on 2/28 (the last day of our lease agreement), but the property mgr couldn't make it and rescheduled with me for 3/1 - we had already vacated the premises, but we still had some cleaning supplies present to finish tidying up just prior to the walkthrough. Again, out of bitterness regarding the security contract, we were charged a $50 holdover fee as well as an additional $12 total for the gas, electric and water bills for 3/1. Can he legitimately hold us liable for these holdover costs just for having cleaning supplies in the house when we did the final walkthrough?
Also, there is a clause in our lease that states that we have to pay for the Landlord's attorney fees should it become necessary for them to employ an attorney to enforce the lease conditions - is this enforceable after the lease has ended if we take them to small claims court?Is the burden of proof on us or the Landlord to show damages/repairs necessary in excess of normal wear or tear? Please help!

 

[army judge]

At the final walkthrough, he made a list of the repairs/cleaning we would be responsible for (w/no estimate of costs) and said he would email the list to me the next day. I never got the email or heard anything more about the deductions until I received the letter in the mail today with the remainder of our security deposit.

I have a couple additional question: we were originally scheduled to do the final inspection on 2/28 (the last day of our lease agreement), but the property mgr couldn't make it and rescheduled with me for 3/1 - we had already vacated the premises, but we still had some cleaning supplies present to finish tidying up just prior to the walkthrough. Again, out of bitterness regarding the security contract, we were charged a $50 holdover fee as well as an additional $12 total for the gas, electric and water bills for 3/1. Can he legitimately hold us liable for these holdover costs just for having cleaning supplies in the house when we did the final walkthrough?

He can try. You have an affirmative defense in that he caused the delayed walkthrough, thus you are not responsible for the extra day.

Also, there is a clause in our lease that states that we have to pay for the Landlord's attorney fees should it become necessary for them to employ an attorney to enforce the lease conditions -

is this enforceable after the lease has ended if we take them to small claims court?

No.

But, if you prevail, you can ask for the court to award your attorney's fees.

Is the burden of proof on us or the Landlord to show damages/repairs necessary in excess of normal wear or tear? Please help!

He has the burden of proof to show that you caused the damages, and that his repair costs are reasonable and fair.

 

[rippedofftenant]

Thanks for the replies! We're going to try sending a letter first to demand return of the amount of charges we consider excessive along with a deadline for responding before we will file a claim in small claims court.

As a minimum, from my research of Maryland law, I found out the landlord is required to return the security deposit, less any reasonable expenses for damages for which tenant is liable, plus 3% per year interest for any deposit over $50 or else the tenant may sue for an amount equal to 3 times the amount wittheld. The refunded security deposit did not include any addition showing that this interest required to be paid was indeed included. It's a relatively small amount, but it is a starting point for building our case.

 

[army judge]

Thanks for the replies! We're going to try sending a letter first to demand return of the amount of charges we consider excessive along with a deadline for responding before we will file a claim in small claims court.

As a minimum, from my research of Maryland law, I found out the landlord is required to return the security deposit, less any reasonable expenses for damages for which tenant is liable, plus 3% per year interest for any deposit over $50 or else the tenant may sue for an amount equal to 3 times the amount wittheld. The refunded security deposit did not include any addition showing that this interest required to be paid was indeed included. It's a relatively small amount, but it is a starting point for building our case.

My research indicates that the interest due is 4%.

Did you receive the refund of the remaining deposit within the statutory 45 day time frame?

What was your monthly rent?

Did you know the deposit can't be more than twice your monthly rent?

RETURN OF DEPOSIT AND INTEREST
After the lease is terminated, the landlord has only 45 days in which to return to the tenant the security deposit and interest minus any amount properly withheld. Simple Interest of 4% per year is due on any deposit of $50 or more. The landlord is liable to the tenant for up to 3 times the amount withheld, plus reasonable attorney's fees, if s/he fails to return any part of the deposit within this period without good reason.

http://www.rentlaw.com/dep/mddeposit.htm

 

[rippedofftenant]

That's what I thought initially, but when I looked up the current Maryland code and contacted the Legal Aid Bureau, both said 3%. Apparently, it used to be 4% interest prior to October 1, 2004. In any event, I intend to try to collect. Thanks for checking for me though!

 

[rippedofftenant]

I tried to post the link to the Maryland code which gave me the 3% per annum figure, but apparently I haven't done the minimum number of posts (10) in order to post a link yet