landlord cancelled/bounced security deposit

Status
Not open for further replies.

SunnyFL01

New Member
so after our walkthrough and the last time seeing the ladlord... she issued me and my roommate our last security deposit checks... saying everything is fine... the next day i deposit the check and it bounced (bank people said its either no funds in account or was cancelled).

The ladlord called me day after walkthrough saying that the front door needs to be replaced because of the lock* and there is a hole in the wall and the paint is chipped on the stairwell (meanwhile everything was GOOD during walkthrough).

Lock situation* - when we moved in we got locked out twice with our keys in hands and werent able to get into the apartment.... the keys didnt work.. so we called the landlord and told her she has to change the lock she told us to change it ourselves.... as we did... and never charged her for the lock or deducted it from rent. Now she says there is a hole in the door where the lock is and she has to get a new door and we are responsible.

so i think thats why she cancelled check.. is she inthe wrong or are we responsible for the damages. My roommate cashed her check and said she is not paying for anything because we r not responsible. Please help :mad:
 
All states provide the landlord some time to thoroughly inspect the rental unit for damages after the tenant(s) have vacated. How long this is varies from state to state.

This is because although things may look good on the first walk-through (often done fairly quickly with tenants), follow up observation can find some damages above the normal wear and tear that the tenant would be responsible for.

It appears this is what happened in your case. The landlord should never have immediately written you both the deposit checks.

Was there a hole in the door from when you changed the locks?

Gail
 
Check what the landlord/tenant laws in your state say regarding how long does the landlord has to return your security deposit (in most states, it can be up to 30 days after the tenant moved out of the property). I have never seen a landlord return a security deposit after a walkthrough, especially because the landlord has to check on appliances working, carpet stains to settle if you had the carpet cleaned, and paint to dry if you painted the unit. Repairs such as the lock needed to be done by the landlord. I am sure your lease agreement states that. You should have documented in writing the repair and sent the copies of receipts with your payment deducting the lock purchase and installation as you and your landlord had agreed upon when the lock situation arose. Wait to see what she is going to present to you as the deductions on your deposit and if not satisfied, you can always take her to small claims court to dispute the deductions.
 
All states provide the landlord some time to thoroughly inspect the rental unit for damages after the tenant(s) have vacated. How long this is varies from state to state.

This is because although things may look good on the first walk-through (often done fairly quickly with tenants), follow up observation can find some damages above the normal wear and tear that the tenant would be responsible for.

It appears this is what happened in your case. The landlord should never have immediately written you both the deposit checks.

Was there a hole in the door from when you changed the locks?

Gail

I looked it up it says in state of FL it's 15 days for the ladlord to issue something in writing if there were any damages.

I think there was a hole in there already since we got locked out twice and the orignal lock was molded to the door so when we took it off there was a hole and we put the new lock on since she didnt get professional locksmiths to come.

plus i am the only one suffering since my roommate cashed her check in check cashing place and i deposited it to my bank... is it even legal to cancel or bounce check on someone?
 
Check what the landlord/tenant laws in your state say regarding how long does the landlord has to return your security deposit (in most states, it can be up to 30 days after the tenant moved out of the property). I have never seen a landlord return a security deposit after a walkthrough, especially because the landlord has to check on appliances working, carpet stains to settle if you had the carpet cleaned, and paint to dry if you painted the unit. Repairs such as the lock needed to be done by the landlord. I am sure your lease agreement states that. You should have documented in writing the repair and sent the copies of receipts with your payment deducting the lock purchase and installation as you and your landlord had agreed upon when the lock situation arose. Wait to see what she is going to present to you as the deductions on your deposit and if not satisfied, you can always take her to small claims court to dispute the deductions.

the lease states that tenants are responsible for locks and keys but doenst state if it's for the outside door... and now she is charging us for the entire door not just a new lock...
 
Hmmm... Here is what I suggest. If after 15 days (per your posting as being the amount of time allowed by the state of FL) she doesn't send you a letter with the detailed breakdown of what she used the security deposit for and, if she sends you the letter but you don't agree with what she is charging you for, file a suit in small claims court so she can present the evidence to the judge. If she is in the wrong, she will be penalized for it in accordance with the Landlord/tenant law of your state.
 
Last edited:
Status
Not open for further replies.
Back
Top