Security deposit - dispute over witholding

[msie]

I have just vacated my apartment of three years and finally got my sec deposit back from the landlord and it is less $385 for a door replacement.

The issue is that the door, as I researched it, would not have cost more than $200 tops because it's one of those cheap, prepainted, hollow, precut, balsa-wood doors. Even if he had it special ordered due to awkward size and had them drill the holes it would have come out no more than $200 PLUS my landlord is a contractor...

Also, he sent the sec deposit back just past 30 days and he did not include any receipts or itemization. He just put in a piece of note paper saying here's your $1225 sec deposit plus $25 interest and less $385 for the door. Literally, that's all it said.

Now he won't call me back and I've called 3 times simple to ask for the receipts and itemization. All I want is to discuss the details and officially dispute the inexplicably high cost...

Am I bound for small claims at this point and what about the fact that he was a couple days past the legal 30 day limit and didn't include any itemization/receipts, which he was legally obligated to do?

 

[msie]

PS: I also wanted to ask about the current check I have...? Should I hold off on cashing it since IMHO it's not the correct amount or should I cash it knowing that I'm probably off to small claims for the rest?

I read that is under my signature on the back of the check, if I make a written statement saying something like "by cashing this check I am NOT waiving my rights to the remaining funds owed" that I won't be causing myself any additional problems down the road.

Is this true because I could really use that money...

 

[army judge]

You're only disputing between $180-190!

You can take your complaint to small claims.

That isn't free.

It'll cost you almost what you're planning to dispute in filing fees and such, to try and prove your case.

This is one of those situations that you take your lumps and mutter to yourself.

A lawsuit isn't going to benefit all that much, especially if you need the money.

 

[msie]

Thanks for your reply!

Despite the issues with small claims what about the fact that he did not send me what he was legally obligated to send? According to MA law because he was past 30 days and he didn't send itemization he stands to lose the entire sec deposit correct?

And taking my lumps is one thing but letting it go only makes it easier for this landlord to the same sketchy thing to someone else and isn't that why so many bad people get away with bad things? Because we all rationalize it to ourselves as "taking our lumps" and letting it go despite the fact that it's WRONG?

 

[Gail_in_Georgia]

How late past the 30 day requirement did you receive this information?

Remember the 30 days is based on when the information/remaining security deposit was sent (i.e., postmarked), not when you received it.

Information can include either actual receipts or estimates.

Before you file a lawsuit in Small Claims, stop phoning the landlord and send what is known as a "demand" letter, demanding what you believe is your fair share of the remaining security deposit and giving him a time frame (say, two weeks after he receives your letter) to return this amount or you will consider filing a lawsuit against him in Small Claims.

Then, if you do not get satisfaction after this time period you consider whether it is worth it to file a lawsuit.

Gail

 

[msie]

Thanks for your reply!

I got the partial return of the sec deposit 3 days past 30 days (the postmark on his envelope was postmarked 2 days past and receipt was 3 days past) however I STILL have not received any itemization or receipts etc. detailing repairs.

I did just send a letter certified stating my dispute of the total withheld charges along with yet another request for receipts/itemization.

I also noted that he was legally obligated to have sent the info. regarding all repairs with my sec deposit return and that he was currently at fault for not providing this info. to begin with.