I recently moved out of an apartment with a 700$ security deposit. A month after we left our ex landlord sent us a letter saying he wanted almost 1600$ in damages, not counting our security deposit, including over 1000$ because the walls and ceiling needed to be "reprimed, repaired and painted". When we moved in there were nail holes in the walls (I have that in writing) and the place needed painting. There is no way at all that we did that much damage to the 3 room apartment, any damage that was done was normal wear and tear. We have pictures we took before we left, but they are undated unfortunately. What recourse do I have? He certainly isn't getting the money, but I need to know how best to go about it. Any advice would be much appreciated.
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Landlord overcharging for security deposit
- Thread Starter Jba55
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mightymoose
Moderator
The landlord typically has only a few weeks to deduct anything from your deposit for damages... once the time limit passes you are entitled to your FULL deposit regardless of any damages. At that point the landlord has the option to take you to court for the damage, but can't hold your deposit. In fact, if the landlord had not refunded your deposit or provided you an itemized list of damages before the time limit (30 days in MA) the landlord may owe you penalties (triple damages, court costs, attorney fees) on top of the deposit. The itemized list must copies of estimates or bills and can not include things that are normal wear and tear.
If you have not received your deposit or an itemized list yet, and it has been more than 30 days, write your landlord a demand letter for the full refund and cite your state law that lists the time limit and penalties. Take your claim to court if the landlord does not comply.
In any case, if the landlord wants anything beyond the amount of the security deposit he will have to obtain a judgment unless you agree to pay.
If you have not received your deposit or an itemized list yet, and it has been more than 30 days, write your landlord a demand letter for the full refund and cite your state law that lists the time limit and penalties. Take your claim to court if the landlord does not comply.
In any case, if the landlord wants anything beyond the amount of the security deposit he will have to obtain a judgment unless you agree to pay.
Gail_in_Georgia
Moderator
It would appear that your landlord has notified you of the status of your security deposit. Since you disagree with amount they are claiming for damages, you (as has been suggested) write a demand letter disputing the amounts you believe were unfairly held from your security deposit and "demanding" the return of this amount by a certain time (say, two weeks after they receive your letter).
If they do not respond to your satisfaction, then your next step is to consider whether your wish to file a lawsuit against them for this amount. Such lawsuits are typically heard in Small Claims. Massachusetts allows disagreements up to $2000 to be heard in this court.
Your landlord, in turn, may decide they wish to file against you for what they claim are damages above normal wear and tear. If so, you will be notified of such and will be able to present your evidence of the pictures you took at move out to the court to back your argument that you did not leave the amount of damage claimed by the landlord.
I've attached a review of general law in Massachusetts that includes a description of security deposits:
http://www.mass.gov/legis/laws/mgl/186-15b.htm
Good luck..
Gail
If they do not respond to your satisfaction, then your next step is to consider whether your wish to file a lawsuit against them for this amount. Such lawsuits are typically heard in Small Claims. Massachusetts allows disagreements up to $2000 to be heard in this court.
Your landlord, in turn, may decide they wish to file against you for what they claim are damages above normal wear and tear. If so, you will be notified of such and will be able to present your evidence of the pictures you took at move out to the court to back your argument that you did not leave the amount of damage claimed by the landlord.
I've attached a review of general law in Massachusetts that includes a description of security deposits:
http://www.mass.gov/legis/laws/mgl/186-15b.htm
Good luck..
Gail
mightymoose
Moderator
It isn't clear HOW the landlord notified the tenant...
Within 30 days the landlord either has to return the deposit or provide a written, itemized list of the damages.
If neither of those things occurred within 30 days, the tenant is owed the FULL refund and the landlord must seek ANY damages through court. If the landlord does not return the FULL refund, the landlord is liable for various expensive penalties.
A demand from the tenant that lets the landlord know that the tenant is aware of these penalties and intends to pursue the matter if the deposit isn't immediately refunded in full, is a great starting point in this situation.
Within 30 days the landlord either has to return the deposit or provide a written, itemized list of the damages.
If neither of those things occurred within 30 days, the tenant is owed the FULL refund and the landlord must seek ANY damages through court. If the landlord does not return the FULL refund, the landlord is liable for various expensive penalties.
A demand from the tenant that lets the landlord know that the tenant is aware of these penalties and intends to pursue the matter if the deposit isn't immediately refunded in full, is a great starting point in this situation.
As per the LandLord and Tenant law:
You may also want to consider facts on how to file a lawsuit to be able to check on the standard guidelines and legal steps on how to take action on your problem. Hope that helps.
taken from - http://ago.mo.gov/publications/landlordtenant.htm You should more for father info on your rights. If I were in your shoes, I would definitely seek legal advice on this.
You may also want to consider facts on how to file a lawsuit to be able to check on the standard guidelines and legal steps on how to take action on your problem. Hope that helps.
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