Security Deposit Landlord charging outrageous move-out repair/cleaning fees and no receipts provided

[MissUnderstand]

My boyfriend moved out of an apartment at the end of July, lease ended on July 31st. On July 30th towards the end of the day the landlord pins a note on his door with a list of demands for cleaning. Some are reasonable, some are ridiculous, such as washing walls. There wasn't even enough time to start some of them, even if they were all reasonable. I matched the lease to the "demands" and very many were not on included (lease had a list of what needed to be done upon moving out).
So here's the problem.
1. My boyfriend created a (not removable) water stain on a counter which slightly discolored the area about 5" by 5". Landlord decided to replace the counter. With the small portion of direct deposit returned, they removed amount that simply said: new countertop $100, labor $125. No receipts, no estimates. The countertop is at least 15+ years, my boyfriend lived there 4 years. My questions here are:

a. ) shouldn't the landlord provide receipts for the countertop and labor?

b. ) my boyfriend texted the landlord asking for receipts, the landlord just said it's $100 and $125. That doesn't qualify as receipt, in my opinion. Is my boyfriend required to ask for receipt in case he'd want to sue? Does it have to be in writing? Or can he just wait 45 days and sue for amounts that landlord cannot prove were spent?

2. The landlord is charging $75 for 3 hours of labor for washing walls, which was never put on the lease. The walls were not painted nor washed before my boyfriend moved in 4 years ago. Again, no receipt for cleaning.

a. ) can the landlord demand extra cleaning that wasn't in the lease and charge for it?

b. ) the letter included with security deposit remains is dated August 18th and states "after inspecting the apartment we have made the following decision" and it states all the charges. I am not sure how to interpret this language because it implies no repairs or cleaning has been done and they are estimating costs and charging up front, which is not what should be happening.

 

[Gail_in_Georgia]

The security deposit may be used to pay for both owed rent and damages above normal wear and tear. Dirt is not considered normal wear and tear and a stain that is not removable on a counter requiring that the counter be replaced could be considered damages by a court.

At any rate, if your boyfriend disputes what was kept from his security deposit, the first step is to write what is known as a "demand" letter, disputing the amount kept and demanding what he believes he is rightfully owed and sending this to the landlord, giving them a certain amount of time (say, two weeks after it is received) to return what he believes he should be owed. It is always best to keep this contact in writing (NOT TEXTING) so there is proof of contact.

If no success then his next step is to consider a lawsuit for this money. Such lawsuits are typically handled through Small Claims court as they involve relatively small amounts of funds in dispute. Filing for this court tends to be inexpensive and attorneys are not required. In this hearing your boyfriend can provide pictures of the rental unit disputing the fact that the walls needed to be washed and the countertop needed to be replaced.

Since it appears you were not on the lease, your opinion means nothing legally. Many states do not require that a landlord provide a tenant receipts for these damages; however, if this went to court the landlord would likely need to show this to the court to justify this expense. Having replaced kitchen counters, I have to say the amount charged for the countertop and labor is not unreasonable; neither are the charges for washing of walls.

And yes, the landlord can certain demand and charge for cleaning even if it isn't in the lease.

Gail