Landlord overcharing for security deposit.

R

Rahiri

Guest
Jurisdiction
Utah
I lived in a downstairs basement apartment for over 4 years. The upstairs landlord got an infestation of bed bugs that eventually transferred downstairs and they started to bite my two sons. I notified my landlord as soon as we found the first bed bug in our unit. She called Orkin and they determined that the infestation started upstairs. My landlord decided to evict the upstairs and gave my family a notice to vacate, stating that she could not treat the bed bug issue with tenants there. After arguing with her stating that was not fair to my family because if the stuff was not treated we would just take the bed bugs with us. The upstairs neighbors are from the middle east and they didn't think there was an issue with the bed bugs being there. My landlord was originally going to treat the house with the heat which is the most effective way to get rid of bed bugs, but then decided to treat with spray, we had 3 spray treatments before we moved and there was still bedbugs in the my kids room.

Because of the infestation we had to get rid of a brand new bunk bed that was completely infested with the bugs, also two dressers from my kids room and two couches because we didn't want the chance of them having any bugs in them to take to our new place.

At the time we moved out we cleaned the apartment but did not do a very through cleaning as we have two young sons and me and my husband work full time. During our walk thru with the landlord she did mention that there was some cleaning to be done in the kitchen and bathroom that we didn't quite clean to her satisfaction and there there was some red stains in the front room carpet. We discussed this issue with her and told her that we didn't care if we got the $700.00 security deposit back. But since we were had to rid of the furniture we thought it was fair that we would be charged for anything else. She made a verbal agreement and said that was fair and since we would have moved out it this issue with the bed bugs hadn't have happened.

So sorry for the long story but wanted to give you the facts because here is my question. I just received a letter from my previous landlord stating the the expenses exceed what my security deposit was ...... She is charging $276.80 for carpet cleaning, $40 for window cleaning, $67.00 to replace the blinds, $400 for extensive cleaning, $100 for wall repainting, and then my big issue $1500.00 stating she had to replace the entire carpet for a total of $1,983.80

I know for a fact the carpet was not new when we moved and the only stains in the entire place was in the front room. So there was no reason for her to replace the entire carpet.

I don't think that I need to pay this much for cleaning and I don't think that I need to pay for the entire carpet to be replaces since I believe the law is that the landlord has to replace the carpet every 5 years. Can you give me some advice please.
 
If you disagree with the amount withheld your legal remedy is to file suit in the correct county small claims court.

Eventually you'll have your day in court to try and convince the judge you're right.

The landlord gets to defend.

The judge decides.

Google "small claims lawsuit YOUR COUNTY, UT"

It'll take six to eight weeks to be heard.

If you prevail, you'll receive a judgment.

You must then perfect the judgment.

Then you can endeavor to find out where the landlord as assets that a sheriff can seize in an effort to get your $2,000.

Be advised, that's not easy, because its usually unsuccessful.
 
Unfortunately this is not unusual. However there are laws in most states that protect tenants and their security deposits. In every one that I have reviewed there is a statute which sets forth the requirements that a landlord needs to provide in a timely fashion in order to be able to qualify for using the security deposit.

Utah Code, Title 57, Chapter 17: Residential Renters' Deposits

57-17-3. Deductions from deposit -- Written itemization -- Time for return.

(1) Upon termination of a tenancy, the owner or the owner's agent may apply property or money held as a deposit toward the payment of rent, damages to the premises beyond reasonable wear and tear, other costs and fees provided for in the contract, or cleaning of the unit.

(2) No later than 30 days after the day on which a renter vacates and returns possession of a rental property to the owner or the owner's agent, the owner or the owner's agent shall deliver to the renter at the renter's last known address:
(a) the balance of any deposit;
(b) the balance of any prepaid rent; and
(c) if the owner or the owner's agent made any deductions from the deposit or prepaid rent, a written notice that itemizes and explains the reason for each deduction.

(3) If an owner or the owner's agent fails to comply with the requirements described in Subsection (2), the renter may serve the owner or the owner's agent, in accordance with Subsection (4), a notice that:
(a) states:
(i) the names of the parties to the rental agreement;
(ii) the day on which the renter vacated the rental property;
(iii) that the owner or the owner's agent has failed to comply with the requirements described in Subsection (2); and
(iv) the address where the owner or the owner's agent may send the items described in Subsection (2); and
(b) is substantially in the following form:

[SECURITY DEPOSIT FORM HERE]

(4) A notice described in Subsection (3) shall be served:
(a)
(i) by delivering a copy to the owner or the owner's agent personally at the address provided in the lease agreement;
(ii) if the owner or the owner's agent is absent from the address provided in the lease agreement, by leaving a copy with a person of suitable age and discretion at the address provided in the lease agreement; or
(iii) if a person of suitable age or discretion cannot be found at the address provided in the lease agreement, by affixing a copy in a conspicuous place at the address provided in the lease agreement; or
(b) by sending a copy through registered or certified mail to the owner or the owner's agent at the address provided in the lease agreement.
(5) Within five business days after the day on which the notice described in Subsection (3) is served, the owner or the owner's agent shall comply with the requirements described in Subsection (2).
 
You can sue for potentially up to $10,000 in small claims court with the limit governed by your county. Having proof that the landlord had no right to keep your security deposit under law could help make your case regarding damages appear more favorable as well. If you want to avoid court, you should probably send the landlord a demand letter beforehand and offer him the ability to settle for the minimum amount you'd want or else you'll be suing for the entire amount you feel is owed to you as damages resulting from your eviction.
 
You can sue for potentially up to $10,000 in small claims court with the limit governed by your county. Having proof that the landlord had no right to keep your security deposit under law could help make your case regarding damages appear more favorable as well. If you want to avoid court, you should probably send the landlord a demand letter beforehand and offer him the ability to settle for the minimum amount you'd want or else you'll be suing for the entire amount you feel is owed to you as damages resulting from your eviction.
I really don't care if I get the security deposit back, which I have told her already the day we turned in our keys. I just wanted to get out of the situation she put me and my family in because she was not handling the bed bug situation the best way. The bed bugs actually got worse after they started spraying which is why heat treatment is the best recommendation, but she didn't want to spend the money that would cost to do the treatment.

She was the worst landlord I have ever had and I have been living in rental units most of my life. I just don't think that she can bill me for the full $1,500.00 for carpet replacement, when the carpet was not new when we moved in, and after she already billed me for carpet cleaning. The only thing in our lease agreement is that we would have to pay for carpet cleaning which I would think would have just come out our security deposit.
 
I can't explain why you don't care about the $700 security deposit. People usually care about the money and aren't inclined to just give away $700 because they simply don't care. One has to wonder whether you feel the landlord is justified in keeping the security deposit.

But here's the bottom line. The landlord can send you a bill to charge you for anything they want. Collection is their a problem. If the landlord wants to take you to court then you have your defense. If the landlord really has no case as you insist and could be correct, then the landlord will never file suit against you. The law generally is that the tenant is not responsible for ordinary wear and tear. I can't speak as to the actual condition of the carpet and whether the stain was small and in any way significant. If it could easily have been cleaned out then you would only be charged for cleaning costs and not replacement cost. I'm not telling you what to do. But if I was in the situation and all the facts you told me where as is, I might have a conversation with the landlord letting them know the above and if they intend to take me to court for the cost of replacing the carpet then I would sue them for the $700 security deposit back in addition to the cause of constructive eviction. They are other tenant caused me great damages and they fail to take responsible actions that would have prevented my damages both to property and the need to move unexpectedly. I'm not telling you what to do and I clearly do not have all the facts and thus what I'm saying is just a discussion. And if you have no responsibility as you insist, then you should have no problem defending yourself in landlord tenant or housing court in the unlikely circumstance that a landlord might bring a case.
 
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