Security Deposit Security Deposit and Cleaning

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waterdummy

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Hi everyone,

Sorry if this is redundant but I have a question on our security deposit, we paid $10 extra monthly for our cats plus a $595 security deposit. We stayed there for just under 2 years (23 months exactly) and apparently left the house in very poor condition (?). After 31 days we contacted our former landlord, as we had not heard from him, after leaving our address with him twice, and he stated that he had 'accidentally' deleted our phone number and somehow lost our address (twice).

Anyway, he stated that we had incurred $200 in cleaning fees but did not provide a list of items that he had cleaned or any other associated cleaning fees. He basically stated that we had not vacuumed or wiped anything down, which is in direct contrast to what we actually did/cleaned (taking pictures for proof.) I'll provide the text below to show you what he stated:

Quote:
The apartment was not left anywhere near the condition that it was when you moved in.

The kitchen was not cleaned. There were many marks/scratches on the ceramic tiles due to moving the stove and refrigerator out. A tar removal cleaner had to be used prior to scrubbing the floor. There was cat hair all over the kitchen, the surface of the kitchen cabinets were coated with cat hair, the ceiling fan was covered with cat hair, as well as the lower walls, door and baseboard. (As you know I'm allergic to cats.)

The living room carpet was not vacuumed. Cat hair and debris were all over the livingroom floor, baseboards and lower walls.

The carpeting on the steps was not brushed or vacuumed and was full of cat hair.

The upstairs bedroom carpet also was not vacuumed and had a lot of cat hair.

Paint was scratched on the stair well and living room area, from moving furniture.

Something was painted with black paint on the garage concrete floor, and there is a rectangular black overspray on the concrete floor.
/end quote

It seems as though he was using the cat allergies as an excuse to keep a 1/3rd of our deposit.

Also, we have been going back and fourth with our Garbage company for the past 2 years as they have sent us one bill, yes, one bill over a 2 year period and it included the previous tenants amount on there. Needless to say, they have promised to call us back whenever we call in to talk to them and we've never heard anything back from them, and this has been through multiple attempts over a 2 year period. Our landlord is saying that he is going to take out the amount due to them to pay for our past due.

Apparently, we also took one of the washer/dryer hookups with us and he charged us $20 for, what normally should be, a $4.00 hookup.

I'm sure there are a bunch of people here who have experience with this kind of thing, do I have a case in small-claims or should I contact someone else about this? Thanks

Update: I received an e-mail from him today, after asking for an itemized deduction list for the security deposit (which again, was never sent to us) and the only thing that he said is that he took out two trash bags. It seems a bit ridiculous that he spent $200 on two trash bags and labor, at least from my point of view but I may be biased.
 
Then that is part of your defense for use of deposit. From what I have seen they had 20 days to return your deposit. If they failed to provide you with itemized list of where deposit was spent they could likely owe you entire deposit now. However in order to collect that you will need to sue. We had a similar issue here in CA. What we did was tell former landlord they had an option return our deposit less damages and less issues we disagreed upon or we would seek entire deposit back since they did not provide us list of where deposit was used within 21 days (CA requirement). We got deposit less damages but not including damages we disagreed upon and got that within 48 hours
 
Thanks for the timely replies shrinkmaster, it's very much appreciated.

My biggest issue with all of this is that he somehow managed to lose the address the 2 different times it was provided to him, my wife's cell phone number, and her e-mail address. And, of course, now he can't send us the itemized list.
 
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Before you try to sue him it may be worthwhile to send him a letter requesting the full refund and include the text of your state law the indicates he only had 20 days to take action. Knowing that he will likely lose in court he may just pay up to avoid the mess.... and if he doesn't, then sue him.
 
Hi again everyone,

So this is the letter that we're going to send him, obviously names are being withheld due to privacy. I'm hoping someone has some experience with this and could give me an idea of whether I'm saying the right stuff or not.

Thanks...


Sorry it took a little longer to get back to you, but we were waiting for some advisement on the current situation. Because you failed to notify us that you were withholding our deposit until after the 30 day period, stating that you must have "thrown away or misplaced" our address despite it being given to you once verbally and also left in a letter at our residence. In addition to the loss of our phone number & email address - both of which have remained the same since the completion of all of our initial paperwork, you have violated our tenant right's under Pennsylvania "LANDLORD AND TENANT ACT OF 1951" Section 250.512 which states:

(a) Every landlord shall within thirty days of termination of a lease or upon
surrender and acceptance of the leasehold premises, whichever first occurs, provide a tenant
with a written list of any damages to the leasehold premises for which the landlord claims the
tenant is liable. Delivery of the list shall be accompanied by payment of the difference
between any sum deposited in escrow, including any unpaid interest thereon, for the payment of damages to the leasehold premises and the actual amount of damages to the leasehold
premises caused by the tenant. Nothing in this section shall preclude the landlord from
refusing to return the escrow fund, including any unpaid interest thereon, for nonpayment of
rent or for the breach of any other condition in the lease by the tenant.

(b) Any landlord who fails to provide a written list within thirty days as required
in subsection (a), above, shall forfeit all rights to withhold any portion of sums held in escrow,
including any unpaid interest thereon, or to bring suit against the tenant for damages to the
leasehold premises.

(c) If the landlord fails to pay the tenant the difference between the sum
deposited, including any unpaid interest thereon, and the actual damages to the leasehold
premises caused by the tenant within thirty days after termination of the lease or surrender and
acceptance of the leasehold premises, the landlord shall be liable in assumpsit to double the
amount bywhich the sum deposited in escrow, including any unpaid interest thereon, exceeds
the actual damages to the leasehold premises caused by the tenant as determined by any
court of record or court not of record having jurisdiction in civil actions at law. The burden of
proof of actual damages caused by the tenant to the leasehold premises shall be on the
landlord.

I hate for this to come to it, but we are asking for our full security deposit back ($605) or we will be forced to bring this in front of the local magistrate and seek double our security deposit ($1210) as entitled to us, plus filing fees. Please notify us as soon as you receive this and you have had time to take it under consideration so that we may continue on the swiftest possible course.
 
Seems pretty straightforward to me. If he knows he didn't do what he was supposed to he may pay up rather than risk losing more in court. It seems you have a solid argument to make whether there were damages or not.

The only change I would make at the end is to remove the comment about notifying you and replace it with a notice that you will file suit in 10 days if payment is not received. Send the letter by certified mail with a return receipt so you can prove it was sent and delivered.
 
Seems pretty straightforward to me. If he knows he didn't do what he was supposed to he may pay up rather than risk losing more in court. It seems you have a solid argument to make whether there were damages or not.

The only change I would make at the end is to remove the comment about notifying you and replace it with a notice that you will file suit in 10 days if payment is not received. Send the letter by certified mail with a return receipt so you can prove it was sent and delivered.

I agree 100% with all of the above but especially second paragraph
 
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