Security Deposit

Hi,

My former landlord is withholding my security deposit ($450), claiming that $350 is due to carpet cleaning and the remaining $100 due to general cleaning. He claims that I left stains on the carpet in one room in the house and on the stairwell (neither of which is true). He will not provide me with a list of what needed to be cleaned (for the general cleaning), but only vagues refers to the oven and refrigerator. He also refuses to provide me with a receipt or contact information for or even a name of the vendor which he claims to have used for the cleaning (I believe that's because he didn't use anyone).

Instead, after I disputed with him about the deposit, he is now vaguely threatening that he will hold me responsible for more damages which were not listed in his initial description of so-called damages to the house and that he would hold me responsible for an additional two months of rent due to my leaving two months before the lease ended (if I pursue the matter legally). While I did leave two months before the lease ended, I gave him 6 weeks notice and we found another tenant to take over my lease, who is living there now and paying rent. I also have an e-mail from the landlord telling me that my rent obligations were done. I would pursue the matter in small claims court but I have moved to California and the property and landlord are in Pennsylvania. I have no plans to return to Penn in the immediate future (which unfortunately, the landlord knows).

If anyone could help me with the following questions, that would be great.

1. Would I have to return to Penn in order to pursue the matter in small claims court and if so, could I hold the landlord responsible for travel expenses? (assuming I win, of course)

2. Can I insist that the landlord provide me with contact info and/or a receipt for the carpet cleaners?

3. What proof would the landlord need in order to demonstrate that I had caused damage to the carpet beyond normal wear and tear? He has admitted in writing that the carpet was not in good shape when I moved in, and states that the stains left there go beyond wear and tear. I do not believe he has any more evidence than that, and I don't see how he could, since there were no stains, only a spot or two of mild discoloration due to wear and tear.

4. How can the landlord prove that he needed to clean various areas (like the stove) and how can I dispute this?

5. Does the landlord have any right to demand the last two months of rent on my lease if he has already found a new tenant and already absolved me of financial responsibility in writing (he's suggesting that he'd change his mind if I pursue this further)?

6. Lastly, given all of the above and the relatively small amount of money involved, would you advise me to pursue this matter or not?

Thanks!

danielg said:

Hi,

My former landlord is withholding my security deposit ($450), claiming that $350 is due to carpet cleaning and the remaining $100 due to general cleaning. He claims that I left stains on the carpet in one room in the house and on the stairwell (neither of which is true). He will not provide me with a list of what needed to be cleaned (for the general cleaning), but only vagues refers to the oven and refrigerator. He also refuses to provide me with a receipt or contact information for or even a name of the vendor which he claims to have used for the cleaning (I believe that's because he didn't use anyone).

Instead, after I disputed with him about the deposit, he is now vaguely threatening that he will hold me responsible for more damages which were not listed in his initial description of so-called damages to the house and that he would hold me responsible for an additional two months of rent due to my leaving two months before the lease ended (if I pursue the matter legally). While I did leave two months before the lease ended, I gave him 6 weeks notice and we found another tenant to take over my lease, who is living there now and paying rent. I also have an e-mail from the landlord telling me that my rent obligations were done. I would pursue the matter in small claims court but I have moved to California and the property and landlord are in Pennsylvania. I have no plans to return to Penn in the immediate future (which unfortunately, the landlord knows).

If anyone could help me with the following questions, that would be great.

1. Would I have to return to Penn in order to pursue the matter in small claims court and if so, could I hold the landlord responsible for travel expenses? (assuming I win, of course)

2. Can I insist that the landlord provide me with contact info and/or a receipt for the carpet cleaners?

3. What proof would the landlord need in order to demonstrate that I had caused damage to the carpet beyond normal wear and tear? He has admitted in writing that the carpet was not in good shape when I moved in, and states that the stains left there go beyond wear and tear. I do not believe he has any more evidence than that, and I don't see how he could, since there were no stains, only a spot or two of mild discoloration due to wear and tear.

4. How can the landlord prove that he needed to clean various areas (like the stove) and how can I dispute this?

5. Does the landlord have any right to demand the last two months of rent on my lease if he has already found a new tenant and already absolved me of financial responsibility in writing (he's suggesting that he'd change his mind if I pursue this further)?

6. Lastly, given all of the above and the relatively small amount of money involved, would you advise me to pursue this matter or not?

Click to expand...

1. Yes
2. Absolutely. He'll need to bring this to court. You probably want to force him to provide this prior and tell him you want an itemized account or else you are headed directly to court.
3. Best if someone has pictures. Otherwise this will be a matter of credibility and the landlord will not be able to recover full price to replace old, used carpet.
4. The landlord would need a bill. Otherwise in general it's usually broom clean condition or in similar condition as at the time of rental.
5. If the landlord sent you written notice of agreement to early terminate your lease then it's over. That's the deal. He has no ability or right to unilaterally change the deal.
6. That's up to you. You may want to include travel and other costs and request additional damages in that the landlord's withholding of your security was completely unreasonable and unlawful. There is no reasonable dispute here and he simply kept it without justification.

You may want to let him know that you intend to proceed against him in court and speak to the relevant local agencies if you cannot come to an amicable agreement and he cannot come up with receipts. If you can get half then you may want to consider this a learning experience and move onwards. Then again, you can always file (or have someone file for you) next time you are in town and see whether that jogs the landlord's attention span and makes him react more responsively.