Taking a Landlord to Court for Security Deposit

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jaslack

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I'll make a long story short-

I rented a house with a couple who owned 2 dogs . My roommates let their dogs relieve themselves in our small fenced in back yard that was landscaped. Because they didn't walk their dogs, the dogs repeatedly urinated and defecated on the carpet and tile floor in the basement. This resulted in carpet stains and pet smells. After 9 months of living in the house, they put chicken wire up in the backyard to stop the dogs from ruining the landscaping, which had ultimately already been destroyed.

A clause in our lease stated that we must have the carpets professionally cleaned and provide the receipt. Upon moving out, they did pay to have the carpets cleaned. 7 weeks later, we still had not heard from our former landlord and had not received any of the security deposit back. My roommate emailed him and our landlord responded with an itemized list of all of the treatments and replacements for the carpet due to the damage/accidents from the dogs. He also provided her with receipts. He offered 1/3 of our orignal security deposit and mailed the check to my roommate who was then to send me a check for my portion.

She responded to this by saying that his offer wasn't good enough and because he had kept our deposit longer than the 45 days that was noted in our lease, that she was going to take him to court for the full amount.

He quickly sent us an email back saying he was being more than generous and that if she persued this in court, that he would make further deductions due to the grass in the backyard and all of his landscaping being destroyed.

So! What do I do? I feel that because the damages done to the house were due to their animals, that I am entitled to my share of the deposit, which was $700, the amount he is willing to give us. My former roommate wants to take him to court and risk getting nothing.

What should I do? Does she have a case or is the law on his side?
 
Have you checked the landlord/tenant laws in your state to see what is the remedy if your landlord delays the return of the security deposit? The danger when you rent a place with someone that has pets is that, unless you specify the security deposit prorate, you as a lease holder are as responsible for the damages as those who own the pets. You will probably have to sue your roommates to recover your portion of the security deposit. Hope this helps!
 
Check the laws in your particular state in regards to when the landlord needs to either return the deposit or send you notification on how much was used for damages above normal wear and tear...

http://www.rentlaw.com/securitydeposit.htm

While most states indicate that if such notification/deposit is not returned within the time period, a tenant is allowed the entire deposit (or even two to three times this amount), it's not all that common for the judge to grant this, especially if there's been considerable damage to the unit.

It sounds as if your landlord has considerable evidence to back his claim of the damage done to the carpets, the tile floor and the landscape done by these dogs. Your former roommate seems rather dense to attempt to fight this in court based on the defense that this information was not sent to you in time. The landlord is quite likely to countersue as he indicated he would if a claim was filed against him.

Gail
 
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