Security Deposit

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hokie

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I had a one year lease from Aug 1 2008 to July 31 2009 in a home in Charlotte, NC. I moved out July 25 2009. I reported to my landlord a missing backdoor key and she eventually changed the locks (the locks were changed sometime in September). She moved into the home July 27 2009 and stayed there until she found a new tenant.

We had our walkthrough on Aug 5 2009. I made her aware that we had a minor roach problem. She said they had been in the house in the past and had to fumigate in the summer of 2008. She had started a lot of yardwork, which included removing the hedges in front of the house and trimming the trees by the driveway almost to the bone.

On Aug 30 2009 she emailed me a list of unresolved items for the house. The house has hardwood floors throughout. She stated she received a quote to refinish the floors for $2400 (my deposit is $1249). She did not provide a copy of the estimate. She also had a list of items that needed to be replaced for $38.18, which includes a broom she had left, a pack of light bulbs she says she left, roach spray, 2 clay pots (i broke them by accident), spackle, a paint roller, and odorizers she left in each closet. She also mentioned we did not 'bring the property back to original condition when you took possession', which included moving walk stones to their original positions, cleaning mold from the bathroom, mop floors, trim the bushes, and spray for pests.

I asked her to get a second estimate for the floors and met with her and a floor guy on Sept 11 2009. That estimate is for $660. She insists she had a 'special', more expensive finish for the floors but can not provide a name for the product. She also does not know when she last had the floors refinished. She has owned the home since 2005 and it has only been used as a rental property during that time. The house is roughly 60 years old.

I find out on Oct 1 that she found a new tenant that will occupy the home starting that weekend. She never had the floors refinished.

Today, Oct 8 2009, she sends another list of issues for the home. Included is the $660 cost for the floors, an extra $45 for her 'special' wood finish, $45 for fumigation of the home, $90 charge to change the locks, and the $38.18 for replacement items I mentioned earlier. She also had a charge of "$10+ cleaning supplies". She has provided no receipts or a copy of her original estimate for the floors.

This has clearly taken a very long time to get to this point. I understand she has 30 days to provide a list of items and provide a refund, but her list provided on Aug 30 2009 was more than the cost of my deposit and I lost the key to the backdoor. I'm just not sure how that would go over in court.
 
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If the floors were never refinished, she cannot charge you for work not done, no matter what the estimates were.

Her costs of changing the locks is probably not unreasonable if she had a locksmith do this. Same with the $38.18 worth of minor items.

You might argue in court that the last information she sent you was way over the 30 day state requirement but the initial information you received was within North Carolina requirements.

North Carolina Tenant Security Deposit Law does require the landlord to provide an itemization of damages (if part or all of the security deposit is kept) but does not require the landlord to provide actual receipts to the tenant (42-52 Landlord Obligations).

Gail
 
Just to clarify your first point, do you mean she can't charge me if she hasn't refinished the floors in the past or that now a tenant is in the home I can not be charged for the damages?
 
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If she never had the floors refinished, she cannot charge you for "damages" because, either there were no damages or they were not severe enough to warrant refinishing.

At any rate, no funds came out of her pocket to repair the floor.

Gail
 
there is damage to the floor. i met with my landlord and got an estimate for repairs.

let's say she decides tomorrow to repair the floors. would i still be responsible?
 
thanks gail for your help.

i never received a dime of my deposit back and haven't heard from her since october. the floors have not been refurbished either. is it worth pursuing her in court? i just don't understand why my deposit is withheld when no repairs were made.

and just to clarify, that damn house was spotless when i left. that's what is frustrating to me. the floors were clean, bathroom had no mold, etc. she's a thief.
 
thanks gail for your help.

i never received a dime of my deposit back and haven't heard from her since october. the floors have not been refurbished either. is it worth pursuing her in court? i just don't understand why my deposit is withheld when no repairs were made.

and just to clarify, that damn house was spotless when i left. that's what is frustrating to me. the floors were clean, bathroom had no mold, etc. she's a thief.

Your last sentence sums it up succinctly and correctly.

You can sue her in small claims court, but is it worth it?

Sometimes it is best to shake your head, walk away, and move on with your life.

It is, after all, just money.

But, you can always take her/him to small claims court if it sticks in your craw!!!
 
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