Landlord not returning secuirty deposit (Kentucky)

ggodwin

New Member
Jurisdiction
Kentucky
I had a great relationship with my landlord for two years. Over the course of two years I paid them $31,200 in rent. ($1300/month) Never late not once.

Timeline of moving events:

  1. My Lease expired 7-31-20515
  2. Notified landlord of intentions to not renew for 3rd year on 6-12-2015.
  3. June 26th the landlord visited and performed a walkthrough and stated "It looks good".
  4. July 31, 2015 met with Landloard son (Attorney) at the residence to hand keys over. The facility was emptied and we chatted breifly. There were was NO damage to the facility.
  5. 8-13, 2015 I sent an email asking the landlord the status of he deposit. (He respondes we are still adding things up and stated "It wont be$1300 thats for sure" then stated it would be approximately 10 days.
  6. 8-13-15 I responded with my surpise that I would not be getting 100% of my deposit back. "
    I assume that you are aware of Kentucky Statue 383.580 Security Deposits.
    http://www.lrc.ky.gov/statutes/statute.aspx?id=35733
    Based on statute 383.580 You are required to present me a detail comprehensive listing of any exisiting damage that requires usage of my security deposit. This listing should also include estimated charges. Also, included in the statute it indicates that the landlord shall inspect the property and present any damage before work is started much less completed. There were two opportunitues where you or your represenative reviewed the property and could have have shared concerns of damage. Each time, I was told that the property "Looked good". Based on this information you should understand that I'm surprised that you do not intend to return 100% of my $1300 deposit.
    Please respond to confirm you have received this.
    If I do not hear from you in three business days I will send this by certified mail.
  7. 8-14-2015. i received this email from my landlord SON. This is the same person that I gave the keys to.
    I am glad you are able to look up statutes. My name is Josh Schneider, I am a practicing attorney as well as Julie and David's son. Let me lay out how this is supposed to work.

    First, your lease states that the deposit, if any, will be returned to you within 30 days after termination of the lease. Thus, your threatening emails are a bit presumptuous.

    Second, you were never told that the place "looked good". In fact, as an attorney, I am careful with my words every time I speak. You distinctly asked me if the "hardwood floors looked okay," I said yes. I also stated that the place smelled strongly of bleach. This strong bleach smell that you used to "clean" hid a very distinct odor; I think you know what that is, your cat. The lease prohibits pets as you know. The carpet was severely damaged from the animal.

    Third, you were not moved out at the end of the lease as things were left at the condo, some of which you returned to pick up.

    Fourth, the condition of the condo was atrocious (outside of the good job cleaning the hardwood). There were dents, divots, holes, screws and nails, etc. all over the walls. The white walls and woodwork turned black in many places. Also, the bottom of the fridge was broke. We have photographed all of this damage but since you were not completely moved out we had to start work on this asap to prepare the condo for its next tenant or sale.

    I could go on, however, my time is very valuable.

    Certainly some of the money from the deposit will be refunded to you. However, if you could kindly wait until the deposit is due to you (30 days) before you send any more threatening emails that would be appreciated.
  8. 8-21-2015 Landlord sends me an email asking for my forwarding address. This was the 2nd time that I had given him my new address.
  9. Monday 8-31-2015 I received an email from the Landlord inquiring about an incedent that involved me and the home owner below me. There were two occurences where my 8 year old stopped up the toilet and the toilet over flowed. The water leaked through into the Condo below ours. They told me but never attempted to have repairs paid for etc. However, it appears that they may have contacted the Landlord (owners) about this.
  10. 8-31-2015, I sent an email to the landlord asking for a face to face meeting to discuss the deposit and the leak etc. I got an automated email back from the landlord saying he was out of the country.

Key Points
  • I have not received my deposit
  • 30 days has expired
  • I have not received any item stating it had to be repaired
  • The address has been listed and is "pending" per the MLS.
What are my options?
 
If your former landlord hasn't returned your deposit, your ONLY legal remedy is to take her or him to court.
You tell your story, your landlord tells hers.
The judge decides.
There is no other legal option, and no one can do this for you, unless you hire an attorney to do it with you.
 
What is the amount that I can go after? Just the $1300 or can I add other fees aswell?

I suggest you read the information in the statute.

http://www.lrc.ky.gov/Statutes/statute.aspx?id=35733

Notice the wording of item number four:

No landlord shall be entitled to retain any portion of a security deposit if the
security deposit was not deposited in a separate account as required by subsection
(1) of this section and if the initial and final damage listings required by subsections
(2) and (3) of this section are not provided.

HINT: If I were pleading this case, I'd subpoena the landlord's banking records, or request the court order him to produce same via "subpoena duces teum" - a court order requiring the person named in it to produce certain books, papers, or other tangible things for use in a court proceeding.


That said, if your deposit was for $1,300, that's the maximum amount you can seek.
You can also request your court costs and service fees, assuming your case is successful.
 
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