Security Deposit Refridgerator Breaks and Landlord Wants to Keep My Deposit

[Kansas773]

So I received a letter in the mail yesterday from my previous landlord stating that I would not be getting my $500 deposit back due to an issue that happened with the fridge in the rental. I was renting the residence with one other roomate who is still renting a room. I provided my 30 day notice on May 13th. The landlord finally decided to do the walkthrough on July the 2nd (50 days later) to discover that the fridge had stopped working, and the remainder of my roomates food had become a rotting mess. The appliance had to be replaced, and the house had to be cleaned. When I asked why I was not getting my deposit back the landlord told me that there was no doubt in his mind that the door to the fridge had been left open, which is what caused it to stop working. I had graduated that year and was heading home for the summer. My roomate had left about a week prior to that, but was till renting his portion of the property. The landlord justifies charging me solely because I was "the last one to leave the house". Is there any statute of limitations regarding how long I'm liable for the property, and is my landlord justified in keeping all of my deposit without providing any paperwork regarding the cost of repairs? I feel this is unfair, and would appreciate any insight or advice anyone could provide.

Thank you for your help.

 

[army judge]

So I received a letter in the mail yesterday from my previous landlord stating that I would not be getting my $500 deposit back due to an issue that happened with the fridge in the rental. I was renting the residence with one other roomate who is still renting a room. I provided my 30 day notice on May 13th. The landlord finally decided to do the walkthrough on July the 2nd (50 days later) to discover that the fridge had stopped working, and the remainder of my roomates food had become a rotting mess. The appliance had to be replaced, and the house had to be cleaned. When I asked why I was not getting my deposit back the landlord told me that there was no doubt in his mind that the door to the fridge had been left open, which is what caused it to stop working. I had graduated that year and was heading home for the summer. My roomate had left about a week prior to that, but was till renting his portion of the property. The landlord justifies charging me solely because I was "the last one to leave the house". Is there any statute of limitations regarding how long I'm liable for the property, and is my landlord justified in keeping all of my deposit without providing any paperwork regarding the cost of repairs? I feel this is unfair, and would appreciate any insight or advice anyone could provide.

Thank you for your help.

The answers you seek could be buried or hidden among the dozens and dozens of words comprising your lease.
I suggest you read it.
If it isn't addressed in your lease, (or it is addressed) and the LL refuses to return what you believe to be yours, you'll have to seek your remedy in the small claims court of the county where the property is located.

Then, IF you prevail, it gets harder. You then must perfect the judgment and attempt to collect (enforce) the judgment. trust me, that's harder than suing. This you must do yourself. The government does not collect debts between private parties.

Let me get you started, OP.
The landlord may have violated the statutory requirement to return (or explain why) the security deposit wasn't returned. That must be done within a set number of days, no more than 30 days to be exact!
Read on, and do what you think is best for you. OP.

You gave notice on 13 May.
Your vacate date was about 12 June.
LL does inspection on 02 July.
When was the letter postmarked or delivered to you?
I don't see 30 days, close, but not 30 days the way I calculate it.
But, if you can prove (not just claim) that you did nothing to cause the damage, you might have a shot at convincing the judge.
The landlord must prove you were at fault and caused the failure.
Frankly, you'd both be better off negotiating a solution.



Return of the Security Deposit: If the landlord retains
any of the deposit, the landlord is required to itemize the
deductions in a written notice to the tenant and return it
with the remainder of the deposit within fourteen (14) days
after the determination of the amount of charges, but in any
event, no later than thirty (30) days after termination.
Usually, "termination" means vacating the property and turning in the keys.
The landlord is required to send the refund to the tenant's
last known address. KSA 58-2550 (b). Although not required, it
would be helpful for the tenant to send a letter to the landlord
requesting return of the security deposit and providing a current
address. If the unused portion of the security deposit is not
returned in the time allowed, if too much of the deposit is
withheld, or there is no itemized statement of the deductions,
the tenant may be entitled to recover the amount wrongfully
withheld plus damages of one and one- half (1-1/2) times that amount, KSA 58-2550





For self education, OP:

http://www.kansaslegalservices.org/files/THB.pdf

http://www.k-state.edu/osas/Documents/2009/Tenant_Handbook_revised.pdf

http://real-estate.lawyers.com/landlord-tenant-law/security-deposits.html

http://securitydepositrefund.org/kansas-renters-rights-law.html


Small claims process in Kansas (Google or Bing: Small Claims Process in YOUR COUNTY, KS ):

http://www.kscourts.org/dstcts/4claims.htm

http://courts.jocogov.org/dc_smallclaims.aspx

http://courts.jocogov.org/dc_FormsDL.aspx


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[mightymoose]

Odds are that the landlord is justified keeping your deposit, but you might be able to sue your roommate if you believe the roommate was responsible.
I bet your roommate isn't about to hand over $500 and you will be out the money either way.