Multiple different noticed of deposit amount

[Combatman]

Hello, I'm from Sioux Falls SD. I recently concluded a lease from a major apartment renter there, and me and my mother and my Girlfriend (who lived with me at the time) spent a total of 12 man hours cleaning the apartment before we did our final walk through. The apartment was spotless and the manager who did the walk through even commented that there would be "no charges".

Well 2 weeks later they sent out a notice of deposit return with "itemized deductions listed" it listed zero deductions and stated that we would receive a full refund, it was signed by the manager.

A few days later we received another exact copy of that paper that listed $300 in charges. Upon further inquiry we found out they mistakenly sent out the first one and they sent us a list of charges included on the second one. The list includes things that were definitely cleaned before we left. And a couple obviously incorrect items (drip pans I replaced the day before, blinds which were reported broken before we signed the lease and I have pictures of them).

They still seem pretty confident they can win in court, and claim to have pictures of our "dirty" apartment. Unfortunately I did not have the good sense to take pictures before our final walk through. My main question is will the original notice of full deposit refund along with dated pictures of the blinds and a receipt from the drip pans be enough to win in small claims court?

 

[ElleMD]

No one here can predict the outcome of a trial. They present their side. You present yours. The as yet unknown judge decides which story is more compelling.

 

[Combatman]

Thank you for your reply. I understand that and apologize if I am not asking a good question, I've never dealt with small claims court before.

My main concern is if my argument that they sent me a signed paper saying I would receive my full refund without any deductions is a good case, as it takes up the majority of my side of the argument since I didn't take pictures.

If the odds are against me I might as well avoid the court fees and let them take the money. It just hurts to feel like we tried so hard and spent so much time trying to avoid this only to incur the fees anyways.

 

[ElleMD]

A letter sent in error is not "proof" of anything other than the sender made a human mistake. Your testimony and that of those who helped you clean would carry more weight.

 

[army judge]

Next time you vacate a rental unit request the landlord or unit manager conduct a walk through with you.
If that's impossible, record a video of the unit after you have cleaned it, and take plenty of color pictures.
You should request the same wlak through BEFORE you sign the lease, next time!!!

 

[Combatman]

Yup they did a walk through with us before we vacated. The lady said "this looks really clean, there shouldn't be any charges!" But we didn't record it, and now she just says "I don't remember that, I do a lot of walk throughs." This was my first time renting from a big company, I was naive and trusted them far more than I should have.