Security Deposit How much to sue for...

[troexc77]

Alright so I could use a little advice on my situation. I of course what to take my landlord to small claims court for keeping all of our deposit. So here is my main question...

There are a few things that I am willing to pay for (ex a door that broke) however the landlord is sending me overall totals for repairs (ex several doors, handyman work, painting, and wall work all in one total amount). I am not willing to pay for all that and he wont send me receipts to show what he paid for and how much. I have asked him several times and he tells me that's not my responsibility. So how much do I sue for? the whole thing or do I guess what those items might have cost? I've never been to court before so I don't if the judges decides how much or if they just say yes or no to what you asked for? I also don't want to jeopardize the case by asking for to much. Any help would be greatly appreciated

Thank you for your help.

If you care about the rest of the situation here it is...

We paid $1,650 for our security deposit. Moved in with the landlord and we never did a move in walk through, the place was a mess, we helped him clean it, he did higher a carpet cleaner and a maid to clean the place, however the maid did a horrible job. The tenants before us really messed the place up and they had a dog. When we moved in I took a few pictures of some broken stuff but not nearly of everything they a charging me for. I didn't event think to take pictures of some of that stuff when we moved in. But anyway, the thing is he hired a real estate agent for the first time that is trying to make the place perfect and we are getting stuck with the bill for. This is the first time the real estate agent has seen the place and the landlord is just going off what hes told by the real estate agent because he lives out of state now.

This is what we are being charged for. We did bring a pet into the condo for the last 3 weeks of living there but the pet damage was cause by previous dog, my problem though is proving it.

rcpt Home Depot- 1 quart swiss coffee paint
$12.73
rcpt Home Depot- 2 gallons swiss coffee paint , hvac filter
$72.66
rcpt Home Depot- batteries, light bulbs, electrical plate covers, stops
$48.11
rcpt Michael Handyman- new doors, touchup paint wall repair etc
$450.00
House cleaning - excessively dirty charge, dog hair, laundry rm,garage, kitchen, bathrooms, bedrooms, etc
$250.00
rcpt Miguel carpet repair
$75.00
rcpt Home Depot- special light bulbs for den ceiling fan
$4.33
rcpt OneWay Crpt Cleaning- Pet treat 6 areas + pet trtmnt pwr wsh bckyrd
$320.00
rcpt Cesar landscaping labor + 1 ton new rock(replace dog fecies rock)
$200

 

[mightymoose]

It is the landlord that has to prove the damages, not you.
If the landlord did not do a walkthrough inspection at move-in then he won't likely have much of an argument to make when you say the damage was preexisting.

You said you did not receive an itemized list from the landlord but then listed several specific items... did the landlord provide you with an itemized list of damages within 3-4 weeks? If not, then regardless of the damages, you may be able to claim your entire deposit. If so, then you may be entitled to the amount of your deposit once reasonable deductions are made. Deductions for things like the HVAC filter, batteries, etc don't count. The carpet was likely due for replacement because of age. Unless the carpet was brand new when you moved in and you trashed it in a couple years, then you should not be paying for the carpet cleaning. The charge for the rock is not reasonable either, in my opinion anyway. The pet charges will have to be sorted out, but since you did have a dog there you might get stuck with it, especially if it wasn't approved.

Do some quick googling to find out what the law is in your state and find out if the landlord did what he was supposed to. If he did, pay what you think is fair. If he wants more he can sue you for it and let a court decide. If the landlord didn't provide you documentation within the time frame allowed then you can likely ask for a full refund.

 

[guestposter]

Hi mightmoose, thank you for the reply. I have done some browsing over the laws here in AZ and he did give me the itemized listed that I posted within the time frame of 14Days. We did bring the dog into the condo when we weren't supposed to so I am willing to pay for carpet cleaning even though the dog only lived in one room and in a kennel while it was there. I figure Id just pay that instead of fighting it. despite that we are being charged for pet treatment in every room.

However its stuff like this I'm not sure about "rcpt Michael Handyman- new doors, touchup paint wall repair etc $450.00" most of this damage was preexisting. I would be will to pay for one door but I have no idea how much that door cost and the landlord wont show me the receipts. So even though I am willing to pay for something, I still don't know what that amounts to and how much to sure for. Would I sue for the entire thing and then would a judge decided to give me what is fair?

 

[troexc77]

Hi mightmoose, thank you for the reply. I have done some browsing over the laws here in AZ and he did give me the itemized listed that I posted within the time frame of 14Days. We did bring the dog into the condo when we weren't supposed to so I am willing to pay for carpet cleaning even though the dog only lived in one room and in a kennel while it was there. I figure Id just pay that instead of fighting it. despite that we are being charged for pet treatment in every room.

However its stuff like this I'm not sure about "rcpt Michael Handyman- new doors, touchup paint wall repair etc $450.00" most of this damage was preexisting. I would be will to pay for one door but I have no idea how much that door cost and the landlord wont show me the receipts. So even though I am willing to pay for something, I still don't know what that amounts to and how much to sure for. Would I sue for the entire thing and then would a judge decided to give me what is fair?

 

[troexc77]

Also in Arizona I could sue for plus twice the wrongfully held amount. Is that something I should consider doing? even though small claims in AZ has a max of $2,500

 

[mightymoose]

If you think the landlord has wrongfully withheld a portion of the deposit you need to determine what amount that is. It appears to me that you are being charged for things that you may not be responsible for. If the landlord complied with the law you may not be in a situation where you can get more thna actual damages. You simply have a dispute over the reasonable amount of the deduction. If you go to court the landlord will have to present receipts and account for each deduction and you will have opportunity to dispute them. The judge will determine if you are owed anything.
Whether or not it is worth pursuing is totally up to you.