Not Returning Deposit

[chewy]

I have just moved out of my apartment that I have lived at for over 2 years. We gave my landlord over 30 days notice before we moved out as is stated in our lease agreement. 30 days after we moved out we went to collect our security deposit back as is stated in the lease. When I got there instead of having a check for our $700 deposit back, instead he hands me a stack of about 30 pages with receipts for work that he did to the apartment. The top of the page lists our deposit of $700 plus ~$400 for supplies, plus ~$1200 for his and his wife's labor. He refuses to refund our deposit saying it is a refurbishing deposit, and that most tenants usually get no money back after they move out.

I would grant him a few of the repairs were warranted but the majority of them are unjustified. For instance he claimed the blinds were broken and dirty. He replaced every set of blinds in the house then charged me 9 hours @ 15/per hour(per lease

) to put them up(8 blinds). I will admit 1 blind had 1 piece broken, but every other blind was in perfect shape. He never asked me to clean them before he replaced them. He claimed it would have cost more for him to clean them than for him to buy new ones to put up.

He also replaced every hinge in the house claiming that every hinge was black. They were a little dull when he showed them to me, however it doesn't seem I should have to replace every hinge in the house, especially since he didn't tell me before he bought everything.

This is the paragraph in the lease that talks of the "refurbishing" money

These are a few of the problem he claimed, among others.

My questions are

1) Can he do repair's and purchase items that will come out of my deposit without showing me the list of repairs 1st? Many of the things listed I could have done for free and not been charged his $15 per hour charge.
2) If you look at this list

he has many hours unaccounted for in his repairs. Can he just put down times he worked and expect me to pay?
3) How can anyone verify that they actually worked these hours?
4) Do I have any case based on the fact that many of the hours he claimed to be working is way too much time?
5) How much would it cost for a lawyer to set up a case to bring him to small claims court? Do I even need a lawyer?
6) If I hire a lawyer could I add the lawyer fee's into my settlement if I win?
7) What grounds could I claim he should give my money back?

Thanks for any help in this matter

 

[NYClex]

It depends on the law in your state and the circumstances. It is a typical trick by landlords to call the security deposit something else and then pretend it was used for repairs. In many states there are strict limits as to what the landlord can charge to a security deposit. In many states also a tenant can claim double or triple damages and attorney costs for unlawfully withheld security deposit. On the other hand, the landlord does have the right to repair certain damage and use the security deposit funds for it. So in the end you probably have to consult an attorney and find out about the law and if it is worth fighting.

 

[chewy]

thanks for the advice! anyone else have any more advice?

 

[chewy]

just wanted to let anyone know whose situation is the same as mine, that I won $600 back of the original $700. $100 was to go to the blind I broke and the time to fix it.(a little much but oh well). My landlord came to trial in short and a beach shirt, and so did his wife. I came in a suit, and so did my witnesses. He looked ridiculous and he got upset easily throughout the trial.

My landlord got greedy, because when he countersued me he added on a replacement toilet seat to the claim. however he admited to the judge that the seat wasnt broken he just replaces them every time a tenant moves out. the judge also concured that the times were bloated.

All in all, a great outcome...now I have 30 days to see if he appeals...

if he did appeal what are the odds of him winning?

 

[chewy]

i just received my check from the landlord. he paid after the 35 day limit. about 8 days after the period to pay me. he called me 8 times in one day trying to get a hold of me, after I sent him a letter stating that I will be going after his assets if he doesnt pay.

So it was a pain to do all of this, butin the end I am happy that we got our deserved money back, and the satisfaction that he did not rip me off like he evidently does to EVERYONE else. i feel bad for any future tenants of his, because I know he will be very tough on them because of me...oh well he needed a wakeup call

 

[Michael Wechsler]

i just received my check from the landlord. he paid after the 35 day limit. about 8 days after the period to pay me. he called me 8 times in one day trying to get a hold of me, after I sent him a letter stating that I will be going after his assets if he doesnt pay.

So it was a pain to do all of this, butin the end I am happy that we got our deserved money back, and the satisfaction that he did not rip me off like he evidently does to EVERYONE else. i feel bad for any future tenants of his, because I know he will be very tough on them because of me...oh well he needed a wakeup call

Thanks for the update!!!! Great work!!! Hopefully your post will be helpful and inspiring to people who have been wronged in the same manner. I hate to say it but landlords are notorious for not returning deposits simply because they have the money and it's more difficult to get it back once it's out of your hands.

Thank you for telling us the story and congratulations... assuming the check cashes!